The Scottish Government’s legal challenge against the blocking of their gender recognition reforms will be “very difficult”, a former Supreme Court justice has said
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The legislation was passed by MSPs late last year. It intended to simplify and speed up the process trans people go through to obtain legal recognition in their preferred gender.SNP ministers have accused the UK Government of seeking to undermine devolution by preventing legislation backed by MSPs from all parties in the Scottish Parliament from becoming law.
Scottish Social Justice Secretary Shirley-Anne Somerville said the legal challenge will give ministers important “clarity on the interpretation and scope of the Section 35 power and its impact on devolution”. “One of those matters is equal opportunities, and what the UK Government says is the Scottish Bill modifies the law relating to equal opportunities in a way that adversely affects how it works.
“For example, they will have to discriminate between trans people in Scotland and the rest of the UK on matters like equal pay, gender discrimination, benefits, pensions, all of these things which are subject to UK-wide statutory regimes. But he said the impact of the Bill could “introduce serious problems”, highlighting that Lord Hope, a former deputy president of the Supreme Court, had “described the Scottish Government’s position as ‘hopeless and a waste of public money'”.
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