On the 22nd of December, the third stage of Scotland’s Gender Recognition Reform Bill ended marking a change in the legal process of gender recognition within the country. This policy is only operating within Scotland, rather than across the UK, yet, it has sparked significant national debate.
What changes will the 2022 Gender Recognition Reform make?
The new reform builds upon the nationally operating 2004 Gender Recognition Act but makes significant alterations. Principally, the Bill will:
- provide a more streamlined process for trans people applying for legal gender recognition
- remove the current evidence requirements
- reduce the length of time the process takes
- empower the Registrar General for Scotland to determine applications instead of the Gender Recognition Panel, a UK tribunal
Ultimately, the reform aims to remove barriers for trans people aged 16 and older seeking a Gender Recognition Certificate (GRC). The need for psychiatric diagnosis of gender dysphoria has been eliminated and the time someone must have been permanently living in their gender before they can apply has been reduced (from two years to three months – or six months for 16- and 17-year-olds).
Those seeking a GRC are required to make a legally binding declaration stating that they are already living in their acquired gender and intend to do so permanently.
Why?
With the 2004 Gender Recognition Act already in place some may question the necessity of this recent reform. On this, Social Justice Secretary Shona Robison said:
“It [the Gender Recognition Reform] simplifies and improves the process for a trans person to obtain a gender recognition certificate – which many currently find intrusive, medicalised and bureaucratic.”
She added, “The passing of this bill is a significant step forward in creating a more equal Scotland, where trans people feel valued, included and empowered.”
Interestingly, the UK government had similar plans to change gender recognition laws but these were scrapped in 2020 when Liz Truss was equalities minister.
How many people will be affected?
About 30 gender recognition certificates are granted to people born or adopted in Scotland each year, and the Scottish government estimates that if the bill passes, this could increase to 250-300 applicants a year.
Of course, if Scotland’s reform is considered a success this could lead to nationwide policy alterations and many more would gain access to the simplified process.
Reactions…
Scotland’s reform has stimulated huge swathes of debate across the country; these reactions have been both in favour and in condemnation. The primary foundation for criticism concerns women-only services and misuse of the new system. Many have warned that the reform has opened an avenue for predatory male offenders to reach vulnerable women through women-only services.
Nicola Sturgeon, SNP leader and Scotland’s first minister, describes herself as “a lifelong feminist” and has remained committed to the changes insisting that they will not affect women’s rights. Similarly, others in defence of the reform have called out critics as only acting under the guise of women’s rights claiming that many of these individuals have never openly supported women’s issues before and that this is simply a tactic to halt progression through fearmongering.
On this topic, the Scottish government states that the Bill safeguards against the misuse of the system with false application being made a criminal offence.
In addition, criticism from Westminster has warned of “gender tourism” and “legal chaos” due to the two legal procedures operating simultaneously across the UK. Discussion has also attributed this reform as a significant step towards the SNPs attaining independence for Scotland as the country legally distances itself.
In conclusion, Scotland’s Gender Recognition Reform has caused national ripples and the water cannot be expected to settle anytime soon. We will have to watch over the coming months and years to determine the outcome of this reform within Scotland and indeed what changes, if any, it inspires across the remainder of the UK.