A LABOUR MSP has proposed an amendment to the gender reform bill that “could make it harder” for people to legally change their gender than if the reforms weren’t passed at all, according to the LGBT + wing of the Scottish Greens.
The Gender Recognition Reform (Scotland) Bill recently received the support from a majority of MSPs in the Scottish Parliament following the Stage 1 debate.
The bill aims to make it easier and less traumatic for transgender people in Scotland to obtain a Gender Recognition Certificate (GRC) and be legally recognised as their acquired gender.
But Scottish Labour MSP Michael Marra, who voted in favour of progressing the bill, has proposed an amendment that would require those seeking to obtain a GRC to have a countersignatory when making the statutory declaration.
The amendment states that such a countersignatory must have known the applicant for at least two years and work in a recognised profession.
It defines “recognised profession” as those working as accountants, civil servants, dentists, doctors, nurses, armed forces members, police officers, solicitors, or teachers.
But Beth Douglas, co-convener of Rainbow Greens – the LGBT+ wing of the Scottish Greens – told The National that the amendment would actually make the process more difficult than it is at present.
“It is no surprise that trans people are more likely to be working class, more likely to be estranged from their family and less likely to know someone for two years from the list of professions in this amendment.
"The purpose of these reforms is to make it easier for trans people to amend their birth certificates but Michael Marra's amendment could make it actually harder for most trans people.
“At the moment I could go through the traumatic process of getting a GRC but I myself haven't known an accountant, civil servant, dentist, doctor, nurse, armed forces member, police officer, solicitor or teacher for two years. At least not since I transitioned.
“Under Marra's amendment I would go from being able to amend my birth certificate to being restricted to do so until another two years at least.”
SNP MSP Emma Roddick, who has been a vocal supporter of gender reform, also criticised Marra’s amendment.
She said: “I don’t believe that Michael Marra’s amendment would be in keeping with the intention of the bill, which is to simplify the process by which a trans person can obtain a Gender Recognition Certificate.
“It’s disappointing to see so many amendments that are fundamentally in opposition to the general principles of the bill, which the Parliament already agreed to.
“The bill itself is relatively straightforward compared to recent ones we’ve debated amendments to, and I worry that people are making it more complicated than it needs to be. While this amendment is a good example of that, it’s not the only one.
“Though I’m not a member of the lead committee, I look forward to the Stage 2 debate and seeing how the bill progresses. I hope that we are able to keep it as strong and simple as possible.”
Other amendments to the bill include one from Scottish Conservative MSP Brian Whittle, who repeatedly questioned whether the bill would have any impact on sports during the Stage 1 debate.
Cabinet Secretary Shona Robison insisted that the proposed legislation would not impact sport and that it was down to individual sporting bodies to decide their own policies on the inclusion of transgender athletes.
Still, Whittle has proposed an amendment which would oblige the Scottish Government to publish a report on the impact this legislation would have on transgender participation in sport within a year of it receiving Royal Assent.
However, Douglas said that Whittle’s concern about transgender inclusion in sport would be better spent elsewhere.
“Brian has been told by witnesses, experts, sporting bodies, the government and more that these reforms will not have an impact on sport,” she said.
“Sporting bodies set their own rules and regulations on trans people regardless of whether these reforms pass or not.
“If Brian genuinely cared about women's sport, then his time would be better spent in joining feminists and trans people and call for equal coverage, equal pay and better conditions for female athletes.”
The SNP have also proposed amendments, including one from Shona Robison which would give sheriffs the power to block "fraudulent" applications or applications where sheriffs felt the person did not understand the consequences of the process.
SNP MSP Christine Grahame has also proposed a change that would require 16 and 17-year-olds to live in their acquired gender for six months rather than the currently proposed three months.
She told The Herald that the amendment was proposed in an effort to improve “safeguarding” and confirm that they understand the gravity of their decision.
