Connect with us

United Kingdom

Scotland lawmakers pass transgender rights bill

Tories in London have threatened to block measure

Published

on

(Washington Blade photo by Michael Key)

The Gender Recognition Reform bill introduced by the Scottish government last spring was passed in the country’s Parliament in a final 86-39 vote Thursday. The sweeping reform bill modifies the Gender Recognition Act, signed into law in 2004, by allowing transgender Scots to gain legal recognition without the need for a medical diagnosis.

The measure further stipulates that age limit for legal recognition is lowered to 16.

Colin MacFarlane, director for Stonewall Scotland and Northern Ireland at the U.K.’s largest LGBTQ advocacy and rights organization, in a statement released after the vote called the bill’s passage “a tremendous step forward for trans rights and for LGBTQ people in Scotland.”

“It brings Scotland into line with international best practice and once again establishes itself as a world leader on human rights, by making a small change which brings dignity to trans people who deserve to be legally recognised for who they are,” MacFarlane said.

“The U.K. government must now follow and introduce legislation to ensure that trans people U.K.-wide have access to the same standards of human rights,” he added.

Passage of the measure on which Holyrood (the Scottish Parliament) commenced debate earlier this week, was acrimonious and at times heated PinkNewsUK reported, as Tories opposed to the measure forced a vote on the timetable late Tuesday into the early morning hours of Wednesday for considering the amendments to the legislation and raised further motions as well as points of order before the debate on the more than 150 amendments to the bill began.

The measure in Scotland was introduced after years of delay in Westminster by the U.K. government and its Parliament. PinkNewsUK journalist Maggie Baska noted:

“At present, trans people in the U.K. must apply to a gender recognition panel and present a diagnosis of gender dysphoria — a laborious process that can take years due to the incredibly long wait times at NHS gender clinics. People can only apply to be legally recognized as male or female — nonbinary genders are not legally recognized in the U.K.

Applicants must provide two medical reports, and at least one needs to include details of any gender-affirming treatments or healthcare the individual plans to have. It also needs to confirm a diagnosis of gender dysphoria. 

The individual must also prove they’ve lived in their ‘acquired’ gender for at least two years, and they must swear they intend to do so for the rest of their lives. This can include evidence showing they’ve used a different name in official documents or changed their gender on their driving license or passport.

Additionally, the period in which applicants need to have lived in their acquired gender will be cut to three months or six months for people aged 16 and 17. There is also a new requirement of a ‘waiting period’ of three months after applying when an individual must reconfirm their wish to receive the GRC. 

It will no longer be a requirement to submit detailed evidence of the individual living as the other gender. 

Trans people wanting to change their legal gender will still need to swear an oath about remaining as their authentic gender for life, and it will continue to be a criminal offence to knowingly make a false application for a GRC.”

Proponents of the GRA Reform Bill put forth in Holyrood argued that the current process is too invasive and causes distress to trans people, who already face marginalization and stigmatization. 

With today’s vote, Tories are vowing to block its signature into law by King Charles III, known as Royal Assent, by use of a Section 35 order. In the U.K. system of government, a Section 35 order is intended to prevent laws passed by the Scottish Parliament having “an adverse effect on the operation of the law as it applies to reserved matters.”

Scottish First Minister Nicola Sturgeon has defended her government’s action on the GRA Reform legislation and speaking before the vote said that [she] “will never apologize for trying to spread equality.”

“Removing the need for medical diagnosis for a trans person who wants to legally change their gender is one of the purposes of this legislation because that is one of the most traumatic and dehumanising parts of the current system,” Sturgeon said.

Addressing the opposition and Tory arguments that the GRA Reform bill harms women and girls the first minister said:

“As a woman, I know what it’s like to live with the fear at times of potential violence from men.

“I’m a feminist and I will do everything that I can to protect women’s rights for as long as live, but I also think it’s an important part of my responsibility to make life a little bit easier for stigmatised minorities in our country, to make their lives a bit better and remove some of the trauma they live with on a day-to-day basis and I think it is important to do that for the tiny minority of trans people in our society and I will never apologise for trying to spread equality, not reduce it, in our country.”

In London, U.K. Equalities Minister Kemi Badenoch has made it clear she is against reforms. Badenoch suggested the Scottish bill could have a detrimental impact on the rest of the U.K. because it would not be possible for the legislation to be “fully contained” within Scotland.

She addressed those concerns in a letter she sent to Sturgeon that was leaked to the Times earlier this month.

According to the Guardian newspaper, Alister Jack, the U.K. government’s Scottish secretary, has hinted that Whitehall might block the gender recognition reform. In a statement released after the vote Jack said:

“We share the concerns that many people have regarding certain aspects of this bill, and in particular the safety issues for women and children.

We will look closely at that, and also the ramifications for the 2010 Equality Act and other U.K. wide legislation, in the coming weeks — up to and including a section 35 order stopping the bill going for royal assent if necessary.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

United Kingdom

Four UK Pride organizations ban political parties from events

Statement notes Supreme Court ruling that excludes trans women from legal definition of woman

Published

on

(Photo by Rob Wilson via Bigstock)

The organizers of four of the largest Prides in the U.K. have banned political parties from their events.

A statement that Pride in London, Manchester Pride, Birmingham Pride, and Brighton Pride issued on Thursday specifically notes last month’s U.K. Supreme Court ruling that said the legal definition of a woman is limited to “biological women” and does not include transgender women.

“The recent ruling by the U.K. Supreme Court to exclude trans women from the definition of the term ‘woman’ underscores the urgent need for immediate action,” reads the statement. “In this moment, we choose to stand firmer, louder, and prouder in demanding change that protects and uplifts trans lives.”

British Prime Minister Keir Starmer after the ruling said “a woman is a biological woman” under the country’s 2010 Equality Act that bans discrimination based on sexual orientation and gender identity.

The Pride organizations in their statement did not specifically reference Starmer and his comments. They did, however, announce they are “collectively suspending political party participation in our Pride events.”

“Know that this is not a symbolic gesture,” reads the statement. “It is a direct call for accountability and a refusal to platform those who have not protected our rights.”

The groups also made the following demands:

• Full and enforceable protections under the Equality Act

• Timely and dignified access to NHS (National Health Service) gender-affirming healthcare

• A reformed, accessible Gender Recognition Certificate process

• Sustainable funding for trans-led services and support organizations across the U.K.

“This is the minimum,” said the groups. “Anything less is not allyship, it is abandonment.”

“Our main parties have let us down and need to re-earn their place in our marches,” said Peter Tatchell, a long-time LGBTQ activist from the U.K. who is the director of the Peter Tatchell Foundation, in a newsletter that his organization publishes. “Pride is a protest.”

Continue Reading

United Kingdom

UK Supreme Court rules legal definition of woman limited to ‘biological women’

Advocacy groups say decision is serious setback for transgender rights

Published

on

The U.K. Supreme Court (Photo by c_73/Bigstock)

The British Supreme Court on Wednesday ruled the legal definition of a woman is limited to “biological women” and does not include transgender women.

The Equality Act that bans discrimination based on sexual orientation and gender identity took effect in 2010.

Scottish MPs in 2018 passed a bill that sought to increase the number of women on government boards. The Supreme Court ruling notes For Women Scotland — a “feminist voluntary organization which campaigns to strengthen women’s rights and children’s rights in Scotland” — challenged the Scottish government’s decision to include trans women with a Gender Recognition Certificate in its definition of women when it implemented the quota.

Stonewall U.K., a British advocacy group, notes a Gender Recognition Certificate is “a document that allows some trans men and trans women to have the right gender on their birth certificate.”

“We conclude that the guidance issued by the Scottish government is incorrect,” reads the Supreme Court ruling. “A person with a GRC (Gender Recognition Certificate) in the female gender does not come within the definition of ‘woman’ for the purposes of sex discrimination in section 11 of the EA (Equality Act) 2010. That in turn means that the definition of ‘woman’ in section 2 of the 2018 Act, which Scottish ministers accept must bear the same meaning as the term ‘woman’ in section 11 and section 212 of the EA 2010, is limited to biological women and does not include trans women with a GRC.”

The 88-page ruling says trans people “are protected by the indirect discrimination provisions” of the Equality Act, regardless of whether they have a Gender Recognition Certificate.

“Transgender people are also protected from indirect discrimination where they are put at a particular disadvantage which they share with members of their biological sex,” it adds.

Susan Smith, co-founder of For Women Scotland, praised the decision.

“Today the judges have said what we always believed to be the case, that women are protected by their biological sex,” she said, according to the BBC. “Sex is real and women can now feel safe that services and spaces designated for women are for women and we are enormously grateful to the Supreme Court for this ruling.”

Author J.K. Rowling on X said it “took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court.”

“In winning, they’ve protected the rights of women and girls across the UK,” she added.

Advocacy groups in Scotland and across the U.K. said the ruling is a serious setback for trans rights.

“We are really shocked by today’s Supreme Court decision — which reverses 20 years of understanding on how the law recognizes trans men and women with Gender Recognition Certificates,” said Scottish Trans and the Equality Network in a statement posted to Instagram. “The judgment seems to have totally missed what matters to trans people — that we are able to live our lives, and be recognized, in line with who we truly are.”

Consortium, a network of more than 700 LGBTQ and intersex rights groups from across the U.K., in their own statement said it is “deeply concerned at the widespread, harmful implications of today’s Supreme Court ruling.”

“As LGBT+ organizations across the country, we stand in solidarity with trans, intersex and nonbinary folk as we navigate from here,” said Consortium.

The Supreme Court said its decision can be appealed.

Continue Reading

United Kingdom

Current, former PinkNews staffers accuse publisher, husband of sexual harassment

CEO Anthony James suspended from NHS job after allegations became public

Published

on

Thirty-three current and former employees of an LGBTQ news website in the U.K. have accused its publisher and husband of sexual harassment and misconduct.

The BBC on Tuesday reported “several” former PinkNews staffers saw Chief Operating Officer Anthony James “kissing and touching a junior colleague who they saw appeared too drunk to consent” outside of a London pub after a company event.

James’s husband, Benjamin Cohen, founded PinkNews in 2005.

The BBC reported the current and former staffers with whom it spoke said “a culture of heavy drinking led to instances when” Cohen and James “behaved inappropriately towards younger male employees.”

Stephan Kyriacou, who worked at PinkNews from 2019-2021, told the BBC that Cohen slapped him on his butt at a Christmas party.

“I just shut down for a minute. I didn’t know what to say. I was in shock,” Kyriacou told the BBC. “I remember turning to my friends and saying, ‘What the hell just happened?'”

The BBC spoke with PinkNews staffers who said “they were shouted at and belittled by Mr. Cohen, and that there was a ‘toxic’ culture at the company. Others said they saw “misogynistic” behavior.

Neither Cohen, nor James spoke with the BBC. The Washington Blade has reached out to PinkNews for comment.

Media reports indicate Bedfordshire Hospitals NHS (National Health Service) Foundation suspended James, who is a doctor, from his job after the allegations against him and Cohen became public.

Continue Reading

Popular