Gender reform ruling was big blow for equality - Lorna Slater

​The Court of Session’s ruling to uphold Westminster’s Section 35 Order to block gender reform (GRR) was a big blow to equality and democracy.
Minister for Green Skills, Circular Economy and Biodiversity, Lorna SlaterMinister for Green Skills, Circular Economy and Biodiversity, Lorna Slater
Minister for Green Skills, Circular Economy and Biodiversity, Lorna Slater

The bill was one of the most scrutinised in the history of our Parliament, but at heart it was very simple. It would have allowed trans people to obtain a gender recognition certificate by a process of self-declaration.

It was a small change that would have made a big difference by putting Scotland in line with countries around the world, like Ireland and New Zealand, and removing some of the stress, pain and bureaucracy from the current process.

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It is almost a year to the day since the bill was debated in Holyrood. Some of those debates were long, and went into the early hours of the morning.

Alister Jack has been branded 'disappointing' by a Holyrood committee for failing to agree to give evidence on Scotland's DRS.Alister Jack has been branded 'disappointing' by a Holyrood committee for failing to agree to give evidence on Scotland's DRS.
Alister Jack has been branded 'disappointing' by a Holyrood committee for failing to agree to give evidence on Scotland's DRS.

A lot of the media focused on arguments and division. But there was also a sense of unity and camaraderie, with MSPs from across the chamber coming together to support change.

It’s rare for anything in our Parliament to pass with a two thirds majority, and the fact that GRR was backed by MSPs from all parties is worth celebrating.

Even then, it had been a long road for trans people. It’s easy to forget that GRR was once supported by all parties and is something that had been on the political agenda for years, without any threat of a veto.

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That’s why the Secretary of State for Scotland’s decision to block the bill was so shocking. Using a mechanism known as a Section 35 Order, he showed a total disregard for our Parliament and in doing so exposed the huge limitations of devolution.

It’s not the first time that Scotland has taken a different approach to legislation. What does it say about our democracy if one man can choose to override our Parliament?

We know the Tories have a contempt for devolution, but what would a Labour government do? We could have a Labour Prime Minister very soon. Will they listen to the majority of Labour MSPs who backed GRR, or will they continue to obstruct it and block it?

I know how much this reform meant to trans people in Edinburgh and across Scotland. My thoughts are with everyone who felt a glimmer of hope 12 months ago only to have it taken away.

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For me, this has always been about dignity, rights and respect. I am thinking of everyone who has had to endure pain and prejudice and had to fight to be recognised for the people they really are.

My Scottish Green colleagues and I will always stand with our LGBTQ+ community. Equality will always be core to our vision for a fairer and more inclusive Scotland. GRR would be a vital step on that journey.

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