The Scottish government’s bid to overturn the UK government’s rejection of plans to make it easier for people in Scotland to change their legally recognised sex has been dismissed by a court. MSPs voted in favour of passing the Gender Recognition (Reform) Bill, which would simplify and expedite the process by which people can obtain a gender recognition certificate; however, the Scottish Secretary for the UK Government used his powers to veto the bill due to concerns that it could impact equalities law across the whole country. The Scottish government took legal action, but judges ruled in favour of the UK government.
To change one’s legal gender under current rules, an applicant must obtain a diagnosis of gender dysphoria and provide two medical reports detailing the diagnosis and any treatment or surgery undertaken to change sexual characteristics. They must also have lived in their acquired gender for at least two years and make a lifelong declaration of intent to continue to do so. The Scottish government argues the process is cumbersome, distressing, and invasive and its plans would see applications handled by the Registrar General for Scotland.
Concerns surrounding the proposals are centred on access to women-only spaces and services and the impact on women’s rights. The debate has become contentious to the point where prominent campaigners are involved. Author JK Rowling has been one of the more vocal opponents of the reforms, causing controversy given her young adult fiction’s success and past inclusion of characters who identify as LGBTQ+. Meanwhile, Scottish LGBTI+ organisations have described the current gender recognition process as outdated and dehumanising and that the proposed reforms are long overdue.
The relatively narrow issue of the certification process has become a focal point for a broader debate about gender identity and politics. It remains to be seen whether the case will be appealed to the Supreme Court
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