Scot Govt has ‘no plans’ to allow teens to ‘change sex’ following Supreme Court ruling

The Scottish Government has announced that it does not intend to resurrect its gender self-ID Bill, following last week’s Supreme Court ruling on the definition of the term ‘woman’ in the Equality Act.

In a statement to Holyrood, Social Justice Secretary Shirley-Anne Somerville said the Government “fully accept the Supreme Court’s judgment” and consequently had “no plans” to bring back its controversial Gender Recognition Reform (Scotland) Bill.

The Bill, which the SNP previously intended to revive if the UK Government lifted its veto, would have allowed 16-year-olds to change their legal sex by self-declaration without a medical diagnosis, and reduced the waiting time for adults from two years to just three months.

Opposite sex

The Social Justice Secretary said the Government is amending guidance on the Gender Representation on Public Boards (Scotland) Act 2018 in accordance with the ruling, which determined that a man with a Gender Recognition Certificate (GRC) cannot be classed as a woman under the Equality Act 2010.

She reported that the Government also “stands ready to engage constructively on any plans” by the UK Government to review the Gender Recognition Act 2004, but “does not support” its repeal.

Under the UK-wide legislation, an adult who believes they are a member of the opposite sex and who has lived like that for two years, can apply for a GRC. This means that their legal sex can be changed for many purposes, including on their birth certificate.

‘Adult female’

Westminster’s Minister for Women and Equalities, Bridget Phillipson, told BBC Radio 4’s Today programme that the Government welcomes the Supreme Court’s ruling, which was “clear that provisions and services should be accessed on the basis of biological sex”.

She explained: “We recognise and believe in the importance of single-sex spaces. Before I was a Member of Parliament I used to run a women’s refuge, so I know more than most how essential it is that women, particularly those who’ve experienced sexual violence and male abuse, are able to have safe therapeutic environments”.

Backtracking on his previous position, the Prime Minister told ITV West Country: “A woman is an adult female, and the court has made that absolutely clear.”

When his official spokesman was asked to clarify if Sir Keir Starmer still believes that men can be women, he confirmed: “No, the Supreme Court judgment has made clear that when looking at the Equality Act, a woman is a biological woman.”

‘Disgraceful’

Police Scotland has reported that it will review its ‘Transitioning at Work’ policy, as part of its “wider sex and gender review”, in light of the judgment and “revised national guidance”.

But Green MSP Maggie Chapman, who is Deputy Convenor of Holyrood’s Equalities, Human Rights and Civil Justice Committee, criticised the so-called “bigotry, prejudice and hatred that we see coming from the Supreme Court and from so many other institutions in our society”.

In a letter to the committee, Dean of The Faculty of Advocates Roddy Dunlop KC called her behaviour “irresponsible and reprehensible”, warning that it creates “a risk of danger to the members of the court themselves”.

Akua Reindorf KC, who is a Commissioner at the Equality and Human Rights Commission, added: “As a lawyer I am deeply concerned to see an elected politician publicly undermining the separation of powers in our democracy with irresponsible and entirely false allegations of bigotry and hatred against the judiciary. Disgraceful.”