The Scottish Government hailed a “historic day for equality” after MSPs approved plans to make it easier and less intrusive for people to legally change their gender, extending the new self-identification system to 16- and 17-year-olds for the first time way.
Six years after it was proposed by First Minister Nicola Sturgeon, following two of the biggest public consultations in the history of the Scottish Parliament and amid an increasingly toxic and polarized political discourse, the bill was passed by MPs on Thursday in a special extended meeting session.
In a sign of escalating tensions over the changes, the debate was interrupted minutes before the final vote by protesters in the public gallery shouting “shame on you” and “this is the darkest day”.
The final vote followed an unprecedented two days of debate as members worked cross-party and past midnight on more than 150 amendments to address concerns about abusive men potentially taking advantage of the new system and its impact on UK equality law.
The Gender Recognition Reform (Scotland) Bill removes the need for a psychiatric diagnosis of gender dysphoria to obtain a Gender Recognition Certificate (GRC) and extends the application process to 16 and 17-year-olds for the first time.
Scotland’s new self-identification system will also reduce the length of time someone must have lived permanently in their assigned gender before they can apply – from two years to three months, or six months for 16 and 17-year-olds – by three months of reflection during which the individual can change his mind.
Despite the concerns of some SNP backbenchers, the bill passed comfortably with the support of the Scottish Greens, Labor and the Scottish Liberal Democrats. Nine SNP MPs voted against their government, including Ash Regan, the former minister who quit in protest at the first vote. Two Labor members – who were beaten to vote Yes – also rebelled, while three Tories who were allowed a free vote backed it.
Introducing the final version of the Bill to Parliament, Social Justice Minister Shona Robison said that, like the equal marriage and civil partnership legislation before it, “this is an important step towards creating a more equal Scotland”.
Justice Minister Shona Robison called the legislation “an important step towards creating a more equal Scotland”. Photo: Andrew Cowan/Scottish Parliament/PA
Robison insisted that applying for a GRC under the new system would continue to be a “substantial and important legal process”, with safeguards enhanced during the Bill’s passage and the Bill “does not change public policy … around the provision of single-sex spaces and services “.
She told MSPs: “Transgender rights do not compete with women’s rights and, as so often before, we can make things better for everyone when those discriminated against act as allies, not adversaries.”
But the Scottish Conservatives’ equality spokeswoman, Rachel Hamilton, told Robison that her government had not brought the people of Scotland with it and that “in the rush to make the process a little easier for trans people, the government is making it easier for criminal men to attack women”.
After UK government briefings that the new law would create “legal chaos” and lead to “gender tourism”, Hamilton said the rush to pass the legislation just days before Christmas had resulted in “an inappropriate, shoddy law that does not is fit to enter into law”. She added: “This bill will be a legacy issue for the First Minister, not in the way she hopes because … women will not snort [be quiet]. This government is not listening to us and our voices will be heard”.
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At the final First Minister’s Questions of the year, held just before the debate, Nicola Sturgeon said she would “never apologize for trying to spread equality, not reduce it in our country”, when pressed by the leader of Scottish Tories Douglas Ross on the bill’s defense elements.
On Tuesday, the Scottish Government passed a cross-party amendment from the SNP’s Gillian Martin and Scottish Tory Jamie Green, which means any convicted sex offender who wants to apply for a certificate will have to undergo a full risk assessment.
During the final debate, MSPs expressed the same differing but largely respectful views that were evident during the passage of the Bill.
Michelle Thomson, one of the SNP’s most prominent rebels, told the House that “there are too many people, even elected representatives, who feel unable to engage in discussions because of their toxic nature”.
Labor MP Jackie Bailey expressed the frustration of many members at the filibuster tactics used by the Tories over the past 48 hours as they tried to delay the New Year’s vote, saying she would “much rather use the hours wasted debating of the bill”.
Stonewall Nations Director Colin Macfarlane said: “This is a huge step forward for transgender rights and for LGBTQ+ people in Scotland. It brings Scotland into line with international best practice and reasserts itself as a world leader in human rights by making a small change that brings dignity to trans people who deserve to be legally recognized for who they are.”
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