Opponents contend that the modifications fail to preserve women’s rights and single-sex places and could allow aggressive males to “exploit” the system; nevertheless, the Scottish government insists that streamlining the procedure is crucial.
In Scotland, 16-year-olds will be able to apply to change their gender, and the period required to live in the new gender will be reduced to three months after the passage of a controversial measure.
The Gender Recognition Reform (Scotland) Bill was passed by 86 votes to 39 after two days of lengthy debate in the Scottish Parliament.
The bill entails:
• The minimum age to apply for a gender recognition certificate (GRC) will drop from 18 to 16, down from the current minimum of 18.
• A medical diagnosis of gender dysphoria will no longer be required to obtain a GRC.
• The time an applicant must live in their acquired gender will be reduced from two years to three months, followed by a three-month reflection period (six months for 16 and 17-year-olds).
However, the measure may still encounter obstacles, since the British government has already suggested it may prevent it from receiving Royal Assent.
The law was one of the most contentious at Holyrood since devolution, but it passed with the support of numerous SNP, Green, Labour, and Liberal Democrat members.
As MSPs reviewed the final revisions to the bill on Wednesday, protesters demonstrated both in favor of and against it in front of the Holyrood.
As Holyrood’s presiding officer, Alison Johnstone, delivered the outcome, there were cries of “shame on you” from the public gallery.
Opponents have raised worries about its impact on the safety of women and girls, stating that the bill should not have been passed since it does not adequately protect women’s rights and single-sex places.
The UN’s special envoy on violence against women and girls has stated that the amendments may permit violent individuals to “abuse” the system.
However, the Scottish government has claimed that the legislation will not affect the United Kingdom’s Equality Act, which permits trans individuals to be barred from single-sex spaces such as changing rooms and shelters.
As a result of this statute, Scottish law is now distinct from that of the rest of the United Kingdom, which sparked additional controversy.
More than sixty of the 153 modifications were voted on in the first session on Tuesday, with the remainder being voted on the following day.
There were protests from the public gallery when an amendment that would have made it more difficult for sex offenders to obtain a GRC was defeated by a vote.
The Scottish Conservatives appeared to be aiming to prolong the proceedings as far as possible by submitting four amendments, a motion, and several points of order before the commencement of the discussion; as a result, the Tuesday session concluded at 12:15 a.m.
The subsequent session, which began on Wednesday and concluded at 1:15 a.m. on Thursday, ran even later.
While First Minister Nicola Sturgeon has been a staunch backer of the measure, seven SNP MSPs voted against it and two others abstained during the first round of the legislative process.
Minister Ash Regan was compelled to resign due to her opposition.
Tuesday, MSPs approved a change prohibiting someone subject to a sexual harm prevention order or sexual offenses prevention order from obtaining a GRC.
An amendment requiring applications to be halted if an applicant is charged with a sexual offense until their case is resolved was opposed by the deputy presiding officer, hence it was not added to the law.
Mhairi Black, the Westminster deputy leader of the SNP, greeted the passage of the bill on Twitter with the word “finally” and a trans flag emoji.
Dylan Hamilton, a trans rights activist, told that the bill simplifies banking and passport applications. I socially transitioned at the age of 13, and it was rather evident that I intended to do so.
“A GRC is administrative in nature, does not alter your access to spaces, and is not a ‘pass to be trans’. Transwomen and transmen have used the restrooms of their choice for years, including me.
However, the passing of the bill does not entirely smooth the way for it to become law.
The Scottish Secretary, Alister Jack, can now legally challenge a statute if he considers it has an impact on the United Kingdom, and private parties can also take legal action if they so want.
Mr. Jack stated in a statement issued after the final vote that the British government would consider taking the matter to the Supreme Court.
“We share the worries that many people have about various components of this measure, especially the safety implications for women and children,” he said.
“In the coming weeks, we will examine this extensively, as well as the implications for the 2010 Equality Act and other UK-wide legislation – including, if required, a Section 35 injunction to prevent the bill from receiving Royal Assent.”
Minister of equality for the United Kingdom, Kemi Badenoch, has also expressed concern regarding the bill’s effect on the remainder of the country.
