The British government blocked a Scottish law Monday that would have made it easier for transgender-identifying people to change their gender officially.
Using a 25-year-old statute, London overruled the Scottish Parliament and prevented the law from proceeding to royal assent.
Scottish Secretary Alister Jack announced that under Section 35 of the Scotland Act 1998, Scotland’s Gender Recognition Reform Bill would be prevented from advancing.
“After thorough and careful consideration of all the relevant advice and the policy implications, I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation,” he said.
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“If the Scottish Government chooses to bring an amended Bill back for reconsideration in the Scottish Parliament, I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation,” he continued.
The measure as written would negate the need for a gender dysphoria diagnosis and lower the age of eligibility to 16.
The controversial use of the statute to overrule the Scottish Parliament has drawn criticism — some worry it could become a slippery slope.
“This is a full-frontal attack on our democratically elected Scottish Parliament and it’s ability to make it’s own decisions on devolved matters. @scotgov will defend the legislation & stand up for Scotland’s Parliament. If this Westminster veto succeeds, it will be first of many,” tweeted First Minister of Scotland Nicola Sturgeon.
This is a full-frontal attack on our democratically elected Scottish Parliament and it’s ability to make it’s own decisions on devolved matters. @scotgov will defend the legislation & stand up for Scotland’s Parliament. If this Westminster veto succeeds, it will be first of many https://t.co/3WXrjyivvC
— Nicola Sturgeon (@NicolaSturgeon) January 16, 2023
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A vocal critic of the Scottish law has been author J.K. Rowling. She detailed her opposition in a blog entry on her website in October, saying, “In consequence, intact males who’re judged to have met the meagre requirements will be considered as ‘valid’ and entitled to protections as those who’ve had full sex reassignment surgery, and more male-bodied individuals will assert more strongly a right to be in women’s spaces such as public bathrooms, changing rooms, rape support centres, domestic violence refuges, hospital wards and prison cells that were hitherto reserved for women.”
