LONDON (Reuters) – The Scottish Government on Wednesday said it would seek a judicial review of the British government’s decision to block a proposed Scottish law that makes it easier for people to change their legal gender.
In January, the British government said it would block the Gender Recognition Reform Bill passed by the Scotland’s devolved parliament, the first time it has invoked the power to veto a Scottish bill.
The bill, passed in December, would make Scotland the first nation of the United Kingdom to back a self-identification process for changing gender, including removing the need for a medical diagnosis of gender dysphoria and lowering the minimum age to 16 from 18.
Humza Yousaf, who became first minister in Scotland’s semi-autonomous government two weeks ago, had said that he would challenge the veto, which is known as ‘Section 35’.
“The use of Section 35 is an unprecedented challenge to the Scottish Parliament’s ability to legislate on clearly devolved matters and it risks setting a dangerous constitutional precedent,” Scotland’s Social Justice Secretary Shirley-Anne Somerville.
“In seeking to uphold the democratic will of the parliament and defend devolution, Scottish Ministers will lodge a petition for a judicial review of the Secretary of State for Scotland’s decision.”
The petition will be made to a judge in the Outer House of the Court of Session, Scotland’s top civil court.
The British government, in blocking the bill, argued that the passage of the bill into law would have a “significant impact” on equalities matters across Britain.
“The UK government will robustly defend the decision to prevent the Scottish Government’s Gender Recognition Reform Bill from becoming law,” Alister Jack, Scotland minister for the British government, said in a statement.
“The use of the power is entirely within the devolution settlement as set out from its inception.”
Yousaf’s Scottish National Party (SNP) is split on the reforms and both of his rivals in the leadership race criticised the bill during the campaign.
“I cannot understand why the Scottish government is taking legal action it’s unlikely to win rather than sorting out the problems with the GRR bill at home,” Joanna Cherry, an SNP lawmaker, said on Twitter.
(Reporting by Alistair Smout; editing by Michael Holden and Angus MacSwan)
