U.K. Prime Minister Rishi Sunak blocked transgender rights legislation passed by the Scottish Parliament, setting up a major constitutional row and fanning nationalist sentiment in Scotland.
Sunak’s administration said on Monday that the Scottish legislation — which makes it easier for transgender people to self-declare as a different gender from the one they were assigned at birth — would have an “adverse impact” on Great Britain-wide equalities legislation.
“I have not taken this decision lightly,” Scottish Secretary Alister Jack said in a statement. “The bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action.”
The veto sets the stage for a major constitutional clash between the Scottish National Party, which leads the administration in Edinburgh, and Sunak’s government. It’s the first time the U.K. has blocked any law passed by the Scottish Parliament since it was formed in 1999.
Scotland’s First Minister and SNP leader Nicola Sturgeon described the move as “a full-frontal attack on our elected Scottish Parliament,” in a tweet following the announcement.
The prime minister’s move is likely to feed into a renewed push for independence by Sturgeon’s nationalists — who for years have been calling for a second independence referendum following a failed bid in 2014.
Sturgeon has argued that Britain’s 2016 vote to leave the European Union — a move that was opposed in Scotland — has changed the calculation from 2014, when she described the plebiscite as a “once in a generation” vote.
Critics
Ahead of Sunak’s decision, Sturgeon said it would be an “outrage” if the U.K. chose to block the Scottish legislation, arguing the central government would be using trans people as a political weapon. She said the the gender reform bill was covered by powers devolved to Scotland.
The Scottish government is now is likely to challenge Sunak’s decision in the courts. Sunak, meanwhile, has been advised by his government lawyers that the bill affects U.K.-wide legislation on equalities, and that he was entitled to block it under Section 35 of the 1998 Scotland Act.
The Gender Recognition Reform (Scotland) Bill makes it easier for trans people to obtain a gender recognition certificate, and also cuts to 16 the minimum age at which they can self-declare as a different gender. It reduces the time required to live in their acquired gender before being recognized and removes the need for a medical diagnosis of gender dysphoria.
“Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding,” Jack said. He added that if the Scottish government chose to amend the legislation, “I hope we can work together to find a constructive way forward that both respects devolution and the operation of U.K. Parliament legislation.”
‘Intrusive’
Opponents of the controversial bill argue the changes fail to protect women’s rights and single-sex spaces and could allow violent males to “abuse” the system in environments such as women’s jails. Other critics say it is not appropriate to allow 16-year-olds to decide on such a profound change in their lives and the decision should be reserved for adults.
The Scottish legislation has also sparked concerns about so-called gender tourism to Scotland from other parts of the U.K., whereby a transgender woman could legally change gender in Scotland, then use their new status to access female-only spaces in the rest of the country.
But the SNP’s Social Justice Secretary Shona Robison has argued the legislation is about making life easier for some of the most stigmatized people in society by removing “intrusive, medicalized and bureaucratic” processes for obtaining a gender recognition certificate.
------
(Bloomberg News writer Ellen Milligan contributed to this report.)
