The UK government indicated that it might try to block the decision of the Scottish parliament to allow transgender people in Scotland to identify themselves.
On Thursday, the MSPs overwhelmingly passed the Gender Recognition Reform Scotland (Scotland Bill) Bill by 86 votes to 39.
This will eliminate the need to have a medical diagnosis for gender dysphoria in order to obtain a Gender Recognition Certificate.
It would also lower applicants’ minimum age to 16 and reduce the time required to live in acquired sex from 2 years to 3 months, six for 16-17-year olds – despite a 3-month reflection period.
However, Alastair Jacques (the Scottish Secretary at Westminster) said that the British government could attempt to block the new law before the courts.
“We share the concerns of many people about certain aspects of this bill. Particularly the safety concerns for women and children.
“We will examine that, along with the implications of the Equality Act 2010, and other UK-wide legislation in the coming weeks – including, if necessary, the Article 35 order stopping the bill from being submitted to royal assent.”
The Board had a lengthy discussion about the matter this week. They spent more than 24 hours discussing the amendments and voting.
Protests erupted during the debate. Opponents of the legislation boycotted the proceedings. After the final vote, Social Justice Minister ShonaRobison closed the debate. Others chanted “Shame on You” from the crowd.
Opponents of the legislation raised concerns about its potential impact on girls and women, especially in relation to single-sex spaces. However, the Scottish government stated that little would be changed.
The new law caused mutinies in the room. PSS members declared before the vote they would defy it, while Scots Toy Jimmy Green objected. However, the Tories were allowed a free vote on this issue.
Speaking in the final debate on the bill on Thursday, Robinson said: “Every party in this chamber except one has made a clear commitment to the reforms set out in this bill in the last Scottish election, and in the elections before it all parties have.
Members from all parties voted to support the general principles in the first phase of the bill.
“In this final phase, I urge all members to vote in favor of these important reforms and to move the bill in my name.
“Trans rights do not compete with women’s rights. As has been the case in the past, we can make it better for everyone if those who are discriminated against act as allies and not as opponents.”
Rachael, a Conservative member in the Scottish Parliament, stated that the bill “showed this Parliament at its worst”.
She added, “In a rush to make the process a little easier for transgender people, the government is making it easier for criminal men to attack women. That’s the problem here.”
The Equality Act features exemptions for single-sex spaces where transgender people can be excluded in certain circumstances — exemptions that Robison said won’t change.
Pam Duncan Glancey, Labour’s spokesperson for equality, said that the legislation was “one of those rare moments…when we all have a real chance to improve lives and tackle inequalities head-on”.
She stated that the bill would help society accept and support them (converts), to be their best selves without additional costs or treatment.
Duncan Glancey insisted: “I strongly believe that the reform we will be voting for today has been a long time coming, which is why changing the current arduous, long and unfair process of legal gender recognition has always been so important to me.”
MSPs spent 24 hour this week discussing it after two marathon sessions on Tuesday to consider the amendments. The latter ended at 1.15am on Thursday.
The Conservative Party was accused of trying to stop legislation from moving, proposing many points of Order and forcing nearly all of the amendments to vote that were sometimes not necessary.
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