Britain’s Prime Minister Rishi Sunak on Monday moved to block a gender recognition law recently passed by the Scottish Parliament, opening a constitutional rift between London and Edinburgh and sparking a fierce debate about transgender rights.
Members of the Scottish Parliament voted last month to allow transgender people to have the gender they identify with recognized by law, and was issued a new birth certificate without a medical diagnosis. The legislation is intended to make it easier for people in Scotland to change the gender they legally identify with.
Under the law, people 16 and older can apply for a gender recognition certification by making a legally binding statement that they are living with their “chosen gender,” according to the bill. and intend to do so permanently.
However, the British government in London argues that the Scottish Parliament’s move violates equality laws that apply across Britain, by giving people different treatment depending on where they live.
“After a thorough and careful review of all relative advice and policy implications, I am concerned that this legislation will have an adverse impact on the workings of equality law across the UK,” said Alister. Jack, the British government’s foreign minister in Scotland, said. said in a statement Monday afternoon.
Even before the decision was announced, Nicola Sturgeon, Scotland’s first minister, condemned the possibility of London’s intervention as a violation of her country’s rights.
“If there is a decision to be challenged, then in my view it will simply be a political decision and it will use transgender people, who are one of the most stigmatized groups in society. our own, as a political weapon,” she said on Monday.
“I think that would be unconscionable, indefensible and actually quite disgraceful,” she added, noting that the law falls under the jurisdiction of the Scottish Parliament – the legal issue is disputed.
Under a law known as the Scotland Act 1998 that gives the Scottish Parliament the powers of the Scottish Parliament, the government in London has the power to block laws affecting matters within the jurisdiction of the British government. This is the first time a prime minister has sought to use these powers.
After Scotland’s bill is passed, the British government has 28 days to decide whether to block it. But its actions will almost certainly be challenged in court, and the decision is expected to start a legal battle.
