The Scottish Government challenge against the Section 35 blocking of the Gender Recognition Reform Bill (Scotland) is now in court. What is the Bill about? Why did the Tories block it?

Gender Recognition Reform in Scotland

‘This is a significant and important Bill, but it has been met with one of the most spiteful and dangerous campaigns of disinformation since the lies against repealing Section 28,’  Green MSP Maggie Chapman speaking on the GRR Bill.

What the bill does

The Gender Recognition Reform (Scotland) Bill (GRR) replaces medical assessment with a legally binding self certification (GRC).  It also sets the legal age for such certification to be 16, in line with the wider Scots law on legal capacity, such as marriage and voting.

What the bill does not do

The bill does not change who can already access changing rooms, toilets and shelters.

The bill does not have any impact on who can compete in sports teams.

The bill does not change people’s ability to alter their name and gender on passports, driving licences etc.

The bill in the Scottish Parliament

The Tories insisted on pushing every GRR Bill amendment to a vote, even when its proposer didn’t want to move it and the result was a foregone conclusion.  The deputy presiding officer told the Scottish Tory leader he was ‘skirting close to being in contempt of parliament’.

As the points of order mounted, the Labour business manager was applauded when he accused the Conservatives of time-wasting.  At one point, the GRR Bill proceedings had to be suspended after the Tory group failed to circulate their own amendment among members.

Tory MSP Rachael Hamilton on the GRR Bill ‘Rushing this through before Christmas is typical of the SNP’s attempts to railroad this legislation through parliament without proper scrutiny.’  But after 2 consultation cycles and 4 years of lobbying the Tories filibustered instead.

What the Tories said

The Tories opposed the removal of medical diagnosis in the GRR Bill to legally change gender.  Jeremy Balfour: ‘Without a medical diagnosis, it is difficult to understand what objective standard can be used to assess people’s needs.’  In the 1940s, being a gay man was a disease.

The Tories opposed the lowering of the age to 16 in the GRR Bill.  Jeremy Balfour: ‘There are a number of studies that show that cognitive maturity isn’t reached until around the age of 25..’  In Scotland you can get married & vote at 16, but for him being trans is just a phase.

The Tories say they want to stop the GRR Bill over concerns for the safety of women. But Scottish Women’s Aid, the Scottish Women’s Convention, the Scottish Women’s Rights Centre, Amnesty International Scotland, Back Off Scotland, Rape Crisis Scotland, the Scottish Refugee Council, and the Scottish Trades Union Congress, support Gender Recognition Reform.

As Scottish Women’s Aid put it. ‘The changes proposed in the Gender Recognition Reform (Scotland) Bill will help better uphold the rights of trans people and will not impact on delivery of specialist women’s aid services.’

What the Tories did not say

The Tories never referred to any contradiction between the GRR Bill and other UK legislation.

Outcome

The bill was passed 86 for, 39 against, 4 did not vote, in December 2022.

In early 2023, the Tory government used a section 35 order to veto the bill, stating that the bill would adversely impact the UK-wide Equality Act 2010.

Nonetheless inclusive Prides, with trade union banners, have remained the norm, as have acts of solidarity across the LGBT community. Whatever the outcome of the court case there is a strong sense of solidarity as people work together to defeat this and other day to day challenges. A visit to a picket line with an LGBT flag, supporting buffer zones at an abortion clinic, defending Drag Queen Story Hour, an ‘Everyone is welcome here’ stickers in a shop window, all show the Tories up.

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