Gender Reform in Scotland: Conflicting views across the UK

As the Gender Recognition Reform Bill reaches the final voting stage in the Scottish Parliament, the UK and Scottish governments are divided on their attitudes towards gender identification.

The erasure of transgender people from equal rights in society is a subject which is vastly different between both the Scottish and UK Governments. Whereas the Scottish Government are, for the majority, in full support of the inclusion of the community, Westminster’s stance is less inviting.

This bill would ease the process for transgender people when applying for and receiving their gender recognition certificate (GRC) and has heard mixed reviews across the UK.

With complaints that the new bill may endanger cis-gendered women’s safety in Scotland – particularly due to the ease of self-identification of transgender women, 7 SNP members voted against the party whip at stage one.

Although, the majority of the party supports the bill – meaning the legislation is likely to be approved.

First Minister Nicola Sturgeon responded to concerns about cis-gendered women’s safety, stating: “It is violent men that we should be focusing on. They continue to pose the biggest risk to women. I don’t believe that we should further stigmatise the trans community because of the actions of violent men”.

Sturgeon continued: “Violent men who right now want to access women-only spaces do not need a gender recognition certificate to do that”.

Amendments to the bill were pitched in the initial stages of parliamentary processing with many opposition MSPs believing that the minimum age for applications is too low.

Under the new legislation, the age individuals must be to apply for a GRC will be reduced from 18 to 16, and it will remove the need for a person’s medical diagnosis of gender dysphoria to qualify.

A 2022 Stanford University study concluded that trans people were more likely to have “better mental health outcomes” receiving hormone replacement therapy at pre-pubescent ages compared to when they are older.

With the trans community experiencing the highest amount of mental health issues across all LGBT+ communities, the current need for a medical diagnosis of gender dysphoria (considered to be a treatable mental illness) is dangerous and unsafe.

Critics raised concerns regarding the minimum age of the reform bill and pitched amendments that would remove this element – although the majority did not support this change to the proposal.

Comparatively, the UK Conservative Government have shared mixed views regarding gender reform over the years.

From Theresa May backing plans to improve gender recognition by removing the need for medical checks, to Rishi Sunak’s pledge to launch a “manifesto for women’s rights” which included a ban on trans women in sport – the stark attitude shift within the same political party is confusing.

According to The Telegraph, Prime Minister Sunak’s “review” of the Equality Act aims to distinctly separate biological sex from gender and is currently in motion.

The current Equality Act (2010) protects individuals from discrimination due to both sex and “gender reassignment”. This protection ensures the safety of trans people (regardless of GRCs and evidence of medical transitioning via hormone replacement therapy).

Sunak’s review would remove this inclusion and increase the risk of gender-based hate crimes within the community.

Transphobic hate crimes increased by 16% in 2020-2021, totalling 2,630, according to the Home Office last year. It was also recorded that 88% of these attacks remain unreported.

The basis for the Gender Reform Bill is to simplify the transitioning process and will also help safeguard trans people from these gender-specific attacks.

If the Scottish Parliament successfully pass this legislation, it should be in the interest of the UK’s population to end the marginalisation of trans people across the nation.