Scotland drops legal battle for reforms which would have made it easier to change gender

December 20, 2023

The Scottish government has confirmed it will end its legal battle to pass reforms which would have made it easier for people to change gender from the age of 16.

Humza Yousaf's administration took Downing Street to court after Holyrood's gender recognition reforms, passed by a majority of MSPs from all parties last Christmas, were blocked from getting royal assent.

Rishi Sunak's Scottish secretary argued the proposed changes would have had a negative impact on UK-wide equality laws and could therefore not get the green light.

Scotland's first minister branded the move a democratic outrage and took the case to the Court of Session in Edinburgh, despite concerns from some within the SNP that his party would lose.

A senior judge dismissed the appeal earlier this month and late on Tuesday evening Scotland's Deputy First Minister Shona Robison confirmed her administration would drop any further appeals.

She said it was a "difficult decision" but insisted they would "robustly defend" the Scottish Parliament.

The legislation had attempted to simplify the process for transgender people to obtain a gender recognition certificate (GRC) and officially change their legally-recognised sex.

It would have lowered the age someone could obtain a GRC to 16 and removed the need for a medical diagnosis.

The system, known as self-ID, has been highly divisive and caused trouble within the SNP.

Former leadership contender Ash Regan quit Nicola Sturgeon's government last year as she voted against the plans.

Ms Regan's rival and fellow leadership hopeful, Kate Forbes, was also a high-profile critic of the reforms during the contest to succeed Ms Sturgeon.

Polls suggested low public support for the changes, but the SNP arguably used a lot of political capital in the past 12 months focusing on the issue.

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The nationalists have a majority at Holyrood due to a power-sharing agreement with the Greens.

The Greens have been strong advocates of the gender reforms, and some believed this was a red line for them in government.

It is believed Mr Yousaf will go back to the drawing board and attempt to find an alternative way forward.

There will be a ministerial statement at Holyrood on Wednesday at 3.20pm. Watch on Sky News.

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