An SNP minister has insisted there is "no option" but to launch a legal challenge against the UK Government over its decision to block the Gender Recognition Reform (GRR) Bill.
Shirley-Anne Somerville, the Social Justice Secretary, made a statement to Holyrood today after the Scottish Government announced it would go to court to challenge the Section 35 order laid down by Westminster.
Alister Jack, the Scottish Secretary, had previously argued that Holyrood gender reforms would negatively impact on UK-wide equalities laws.
It means lawyers representing the Scottish and UK Governments will once again clash in the Supreme Court following last year's hearing on independence.
Somerville told MSPs: "We have not taken this decision lightly. We have considered it carefully.
"And it was clear to us in our deliberations that allowing the UK Government’s veto on the democratic decisions of this Parliament to go unchallenged would undermine our democracy.”
The UK Government has not offered any areas of amendment around the Gender Recognition Reform Bill, she said, adding: “That cannot go unchallenged because of the implications for future legislation and for devolution, particularly as the Secretary of State refused our offers to work on potential changes to the Bill.
“To this day, I can confirm the UK Government has not offered up a single area for amendment that would satisfy them in relation to the issue of gender recognition reform.
“Therefore, if we want to take a stand and protect our democracy and devolution, there is no option but to pursue this legal challenge.”
The Scottish Government is seeking a judicial review of Scottish Secretary Alister Jack using a Section 35 order of the Scotland Act to prevent the Bill, which was passed by MSPs in December, from gaining royal assent.
The UK Government argues the veto was used because the legislation, which simplifies the process trans people go through to obtain legal recognition in their preferred gender, impacted on UK-wide equality laws.
Donald Cameron, the Scottish Conservatives constituttion spokesman, said: "It is deeply disappointing that the Scottish Government has chosen to challenge the Section 35 Order in the courts, in a transparent attempt to divert attention from the serious crisis engulfing the SNP.
"A lengthy and expensive litigation is the wrong choice. It doesn’t benefit the trans community, it doesn’t benefit women, and it doesn’t benefit the Scottish taxpayer.
"Lord Hope, one of Scotland’s most eminent judges, has described the prospects of success here as ‘very low’ and implied it is a waste of public money."
Maggie Chapman, Scottish Greens equalities spokeswoman, said: "The UK Government has acted disgracefully. This challenge is vital for the rights of trans people and for Scotland’s democracy. It should be supported by everyone who believes in human rights and devolution.
"The challenge comes at a time when Westminster is spreading the most disgraceful disinformation about trans people and is threatening to roll back on basic rights that have existed for many years.
"The Tories are clearly acting in bad faith, and clearly have no intention of genuine discussion. They are using the Section 35 Order as a weapon in their cynical and hateful culture war against trans people and the wider LGBTQIA+ community."
Don't miss the latest news from around Scotland and beyond - sign up to our daily newsletter here.
