The Scottish government is expected to abandon its legal action against the UK government’s veto of gender reform legislation. The move comes after the Court of Session in Edinburgh rejected the Scottish government’s legal challenge to the veto earlier this month. The Scottish parliament passed legislation allowing people to change their legally-recognised sex last year, but this was blocked by the UK government, which argued it would impact equality laws across Great Britain.
Supporters of the legislation argued that it would make obtaining a gender recognition certificate easier and lessen the trauma for trans people. However, opponents of the reforms claimed that it could put women and girls in same-sex spaces at risk, such as hospital wards and refuges. The issue has been divisive for the Scottish government, and campaigners have been rallying outside the Scottish Parliament regarding the proposed reforms.
Ministers have until 29 December to appeal the Court of Session’s ruling that the UK government’s use of Section 35 of the Scotland Act was lawful. Scottish Secretary Alister Jack previously urged the Scottish government to avoid any further action, claiming that an appeal would be a waste of taxpayers’ money and cost “the thick end of £2million”.
Despite the decision not to appeal, the Scottish government is said to be considering alternative ways forward. First Minister Humza Yousaf, who succeeded Nicola Sturgeon, a passionate supporter of trans rights, called the Court of Session ruling a “dark day for devolution” and added that the ruling showed that devolution was “fundamentally flawed.
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