Nicola Sturgeon's self-ID gender laws to be forced on rest of UK unless urgent action taken

A male as young as 16 could change their gender and attend an all girls school.
Jane Barlow
George McMillan

By George McMillan


Published: 12/01/2023

- 15:00

Updated: 12/01/2023

- 15:03

It would mean the rest of the UK would have to recognise anyone who legally changes their gender in Scotland

Nicola Sturgeon’s self-ID gender laws could be forced onto the rest of the UK unless urgent action is taken.

The self-ID bill dictates that anyone who legally changes their gender in Scotland, should be recognised as the opposite sex in the rest of the UK.


Supporters of the Scottish Family Party take part in an Anti Gender Reform Bill demonstration and protest against changes to guidance regarding sex education in schools outside the Scottish Parliament in Edinburgh. Picture date: Thursday January 12, 2023.
Nicola Sturgeon’s self-ID gender laws could be forced onto the rest of the UK unless urgent action is taken.
Jane Barlow

This means a biological male as young as 16 could change their gender and attend an all girls school.

Currently, people who have already had their gender recognised in 41 overseas countries and territories can apply for a gender recognition certificate (GRC) in the UK through a simplified process.

This “overseas route” enables them to go through the UK process faster and without needing to provide medical evidence.

A foreword written by the Policy Exchange calling for urgent action to stop the bill says: “It would not only be impractical but constitutionally improper for the UK Government to permit a devolved legislature to enact a provision that had a material impact upon the operation of the law throughout the United Kingdom.”

There have been calls for a Section 35 order to be made to block the bill from going any further.
There have been calls for a Section 35 order to be made to block the bill from going any further.
Russell Cheyne

Later on it goes on to explain: “Although only those resident or born in Scotland will be permitted to change their legal sex via statutory declaration, this Bill will have implications for the operation of equality law throughout the UK.

"If a Gender Recognition Certificate changes sex for all purposes, those possessing Scottish Gender RecognitionCertificates who travel to England, Wales or Northern Ireland will have to be legally recognised in their acquired sex, including 16-18-year-olds.

"This will be open to all those born in Scotland, wherever they live in the UK, and anyone who is ordinarily resident in Scotland, including students.”

They call for a Section 35 order to be made to block the bill from going any further.

Responding, the Scottish Government said: “Any attempt by the UK Government to undermine the democratic will of the Scottish Parliament will be vigorously contested by the Scottish Government.

“We have always been clear that the Bill does not impact on the Equality Act, and the Bill as passed puts that position beyond doubt.”

Scotland’s Social Justice Secretary has said the Government will “vigorously contest” any attempts by Westminster to block a controversial new gender reform.

In the hours after then Gender Recognition Reform (Scotland) Bill passed at Holyrood last month, Scottish Secretary Alister Jack said his office would look at what could be done to stop the Bill, including invoking section 35 of the Scotland Act.

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