Scottish Borders LGBT Equality statement concerning imposition of Section 35

Scottish Borders LGBT Equality statement concerning imposition of Section 35

We, the Board Trustees of Scottish Borders LGBT Equality, utterly and unequivocally condemn the move by Alister Jack, the Secretary of State for Scotland, to invoked Section.35 of the Scotland Act 1998 to prevent the Gender Recognition Reform (Scotland) Bill from becoming law. We reject the reasons given for that unprecedented course of action and are confident that the legislation falls within the competency of the Scottish Parliament and has no significant effect on the operation of the Equalities Act (2010) or any other reserved legislation.

The bill, which was passed in the Scottish Parliament by a majority of 86 to 39 votes on the 22nd of December 2022, makes changes to the Gender Recognition Reform Act (2004) and enables people over the age of 18, having lived in their gender for at least 3 months, or people aged 16 to 18 who have lived in their gender for six months, to gain a Gender Recognition Certificate (GRC) by signing a statutory declaration stating that they have done so, and intend to live in their gender for the rest of their lives. The bill also removes the need for a diagnosis of gender dysphoria, and the requirement to be assessed by a Gender Recognition Panel of people they have never met, and who will never meet them.

The bill affords trans people the same rights and dignity as the rest of the population of the UK and enables them to more easily obtain documentation that matches their true gender. Importantly for trans young people it means having matching documentation that supports them as they start their adult life, without the fear of being outed by paperwork. For all trans people it means that as they progress through life, their true gender will be recorded when they travel, work, marry and die.

The changes in the bill would move Scotland closer to processes already enacted, for many years, in more than 30 countries around the world, and recommended under the United Nations international human rights obligations. We are absolutely clear that the above changes would only affect the lives of trans people and would not impact the rights of others.

The Board of Trustees

Scottish Borders LGBT Equality

(Scottish Charitable Incorporated Organisation SC044539)