Court says Scottish gender reform block is legal

Judges have ruled that the UK government acted lawfully in blocking Scotland's gender reforms.

Legislation making it easier for people to change their legally-recognised sex was passed by the Scottish Parliament last year.

But the UK government blocked it from becoming law over fears it would impact on UK-wide equalities laws.

The Court of Session in Edinburgh has now rejected a Scottish government appeal against the veto.

The legislation received cross-party support in Holyrood, passing by 86 votes to 39 last year after MSPs considered 153 amendments to the Bill in a marathon parliamentary session after a highly-charged debate.

Campaigners against the reforms warned the legislation could risk the safety of women and girls while supporters argued it would make the process of obtaining a gender recognition certificate (GRC) easier and less traumatic for trans people.

The legislation would remove the need for trans people to be diagnosed with gender dysphoria by a doctor before they are allowed to change their legally-recognised sex, and would lower the age that someone can apply for a GRC from 18 to 16.

The UK government then stepped in to block the bill from becoming law after it was passed by MSPs, using powers contained in section 35 of the Scotland Act for the first time.

Scottish Secretary Alister Jack raised concerns that the reforms could adversely impact on the 2010 Equality Act, which applies in Scotland, England and Wales and sets out protections for groups including women and transgender people.

The Scottish government challenged the move at the Court of Session - Scotland's highest civil court - with its top law officer, Lord Advocate Dorothy Bain, arguing that Mr Jack did not have "reasonable grounds" to block the bill.

But in her ruling, judge Lady Haldane dismissed the Scottish government's appeal and ruled that the block on the legislation was lawful.

Welcoming the judgement, Mr Jack said it "upholds my decision to prevent the Scottish government's gender recognition legislation from becoming law".

He added: "I was clear that this legislation would have had adverse effects on the operation of the law as it applies to reserved matters, including on important Great Britain-wide equality protections.

"Following this latest court defeat for the Scottish government, their ministers need to stop wasting taxpayers' money pursuing needless legal action and focus on the real issues which matter to people in Scotland - such as growing the economy and cutting waiting lists."