The Scottish Government’s long-awaited changes to simplify how someone can legally change their gender are to be passed by MSPs after two days of tense, chaotic and sometimes emotional debate.
Six years after it was proposed by the First Minister, Nicola Sturgeon, following two public consultations and amid an increasingly toxic and polarized political discourse, the new law removes the need for a psychiatric diagnosis of gender dysphoria to obtain a gender recognition certificate (GRC) and is extending the application process to 16- and 17-year-olds for the first time.
Scotland’s new self-identification system also reduces 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 a period of reflection during which the individual can change his mind.
Despite concerns among backbenchers from the SNP – which led to the party’s biggest rebellion in 15 years in power in the earlier stages of the bill – and some members of the Labor Party, as well as opposition from the Tories, the SNP-Green majority in Holyrood support from Labor and the Lib Dems means the bill is highly likely to pass its final vote on Wednesday night.
After a lengthy meeting on Tuesday ended after midnight only when the lights in the Holyrood chamber went out on a self-timer, weary MSPs returned for a second day of technical discussions, angry protests and accusations of delaying tactics by the Scottish Tories.
There was another lengthy stoppage at the start of Wednesday’s proceedings as the Speaker considered whether to accept a last-minute amendment from Tory equality spokeswoman Rachel Hamilton. She wants MSPs to consider the recent court ruling that for the purposes of the Equality Act, the definition of ‘woman’ extends to transgender women with GRC.
Although her amendment was not allowed, Shona Robison, the Scottish Government minister leading the bill, insisted the ruling “makes it absolutely clear that the Scottish Parliament cannot change the Equality Act”.
Robison also insisted that “transgender rights do not compete with women’s rights” and that the proposals would be “a significant step forward in creating a more equal Scotland where trans people feel valued, included and empowered”.
In an impassioned intervention, Ash Regan – the former SNP minister who resigned in protest before the first stage of the bill – described the potential implications of the bill as “unprecedented” in expanding the pool of people who can apply for a GRC, warning that — regardless of amendments — the bill “undermining single-sex exemptions across the board” and sending a message to women and girls that their safety “doesn’t matter.”
As the debate began, around 500 protesters, mainly women and many wearing the purple, green and white election colors adopted by the bill’s opponents, gathered outside the parliament building.
Amid chants of “Shame”, particular anger was expressed that a number of protective amendments were rejected on Tuesday night.
SNP MP Joanna Cherry, an outspoken critic of the plans, said senior Scottish Government ministers had “repeatedly said” it did not give new rights to trans people. What the bill does is give new rights to everyone so that anyone can self-identify as the opposite gender with minimal protection.
On Tuesday, the Scottish Government passed a cross-party amendment from the SNP’s Gillian Martin and Scottish Conservative Jamie Green, which means any convicted sex offender who wants to apply for a certificate will have to undergo a full risk assessment.
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