Scottish government to challenge Westminster block on controversial gender identity reforms

 (Photo: Getty/iStock)

The Scottish government has confirmed it is taking legal challenge against the UK government's block on its gender identity reforms. 

Holyrood voted last December in favour of the Gender Recognition Reform (Scotland) Bill, which will make it easier for people to change their legal gender by removing the need for a medical diagnosis of gender dysphoria.

Under the new law, the time period for living in a chosen gender will be reduced from two years to three months. 

The age limit for applying for a gender recognition certificate will also be lowered from 18 to 16. 

In an unprecedented move, Scottish secretary, Alister Jack, announced in January that section 35 of the Scotland Act 1998 would be used for the first time to stop the Bill from becoming law.

The UK government claimed it would have an "adverse impact" on UK-wide equality laws.

This view was challenged by Scotland's Social Justice Secretary, Shirley-Anne Somerville, who said the UK government had failed to provide "sufficient justification" for the use of Section 35.

She confirmed that the Scottish government was seeking a judicial review "to uphold the democratic decision of the Parliament, and ensure proper protection of devolution".

Scottish First Minister Humza Yousaf has called the Section 35 order an "undemocratic veto" of the Bill. 

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