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What are the plans for gender reforms in Scotland? What are the plans for gender reforms in Scotland?
(about 2 hours later)
Legislation that aims to make it easier for people in Scotland to change their legally recognised gender has divided opinion. The UK government has said it will block legislation that aims to make it easier for people in Scotland to change their legally recognised gender.
MSPs voted to pass the controversial Gender Recognition Bill by 86 votes to 39, though it could still be blocked by the UK government. First Minister Nicola Sturgeon vowed to oppose what she described as a "full-frontal attack" on the Scottish Parliament.
MSPs voted in December to pass the Gender Recognition Bill by 86 votes to 39.
What is the current system?What is the current system?
The Scottish government wants to simplify and speed up the existing process by which people can obtain a gender recognition certificate - the legal recognition of a trans person's "acquired" gender.The Scottish government wants to simplify and speed up the existing process by which people can obtain a gender recognition certificate - the legal recognition of a trans person's "acquired" gender.
At present, people apply to a UK gender recognition panel and typically must present a diagnosis of gender dysphoria.At present, people apply to a UK gender recognition panel and typically must present a diagnosis of gender dysphoria.
This is defined by the NHS as being caused by a "mismatch" between their biological sex (whether they were born physically male or female) and their gender identity (the way in which they see and describe themselves).This is defined by the NHS as being caused by a "mismatch" between their biological sex (whether they were born physically male or female) and their gender identity (the way in which they see and describe themselves).
Applicants need to provide two medical reports, one from a specialist detailing their diagnosis and another listing any treatment or surgery they may have had to change their sexual characteristics.Applicants need to provide two medical reports, one from a specialist detailing their diagnosis and another listing any treatment or surgery they may have had to change their sexual characteristics.
They must also prove they have lived full-time in their acquired gender for at least two years - for example showing they have used a different name in official documents, or changed their gender on their driving licence or passport - and swear an oath that they intend to continue for the rest of their lives.They must also prove they have lived full-time in their acquired gender for at least two years - for example showing they have used a different name in official documents, or changed their gender on their driving licence or passport - and swear an oath that they intend to continue for the rest of their lives.
What is the proposal? What are the Scottish plans?
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What reforms are being proposed and why have they proved so controversial?
What reforms are being proposed and why have they proved so controversial?
The Scottish government argues that the current process is too difficult and invasive, and causes distress to an already marginalised and vulnerable minority group.The Scottish government argues that the current process is too difficult and invasive, and causes distress to an already marginalised and vulnerable minority group.
Its proposal would see applications handled by the Registrar General for Scotland, rather than the UK panel. Its plans would see applications handled by the Registrar General for Scotland, rather than the UK panel.
No diagnosis or medical reports would be required, and the period in which applicants need to have lived in their acquired gender would be cut to three months.No diagnosis or medical reports would be required, and the period in which applicants need to have lived in their acquired gender would be cut to three months.
One of the most controversial proposals is to lower the minimum age that someone can apply from 18 to 16 - although an amendment to the bill that has been backed by the government means that 16 and 17-year-olds would need to have lived as their acquired gender for six months rather than three. The two sides of Scotland's gender law debate
The dividing lines over Scotland's gender laws
One of the most controversial proposals is to lower the minimum age that someone can apply from 18 to 16 - although 16 and 17-year-olds would need to have lived as their acquired gender for six months rather than three.
Anyone wanting to change their legal gender will still need to swear an oath about remaining this way for life - with it being a criminal offence to make a false declaration or application - and there would be a three-month "reflection period" before a certificate was issued.Anyone wanting to change their legal gender will still need to swear an oath about remaining this way for life - with it being a criminal offence to make a false declaration or application - and there would be a three-month "reflection period" before a certificate was issued.
Why is it controversial?
Opponents of the reforms have protested outside the Scottish parliament
In theory, only a small number of people would be directly affected by any reforms, with the NHS estimating that transgender people make up about 0.5% of the population.In theory, only a small number of people would be directly affected by any reforms, with the NHS estimating that transgender people make up about 0.5% of the population.
Ireland made similar changes in 2015 and had granted an average of 115 applications per year up to 2020.Ireland made similar changes in 2015 and had granted an average of 115 applications per year up to 2020.
However, some campaigners are concerned that allowing anyone to "self-identify" as a woman could impact on the rights women have fought for decades to secure, and which are themselves enshrined in equalities law. What do critics say?
The two sides of Scotland's gender law debate Opponents of the reforms have protested outside the Scottish Parliament
The dividing lines over Scotland's gender laws Some campaigners are concerned that allowing anyone to "self-identify" as a woman could impact on the rights women have fought for decades to secure, and which are themselves enshrined in equalities law.
There are also concerns about access to women-only spaces and services, including hospital wards and refuges.There are also concerns about access to women-only spaces and services, including hospital wards and refuges.
While attitudes towards gender may have become more fluid, many things in society are still binary - from changing rooms to elite sporting events to prisons - and some are wary about changing this.While attitudes towards gender may have become more fluid, many things in society are still binary - from changing rooms to elite sporting events to prisons - and some are wary about changing this.
The relatively narrow issue of the certification process has become a focal point for a broader debate about gender identity and politics. And this debate has become hotly contested, in particular online. The relatively narrow issue of the certification process has become a focal point for a broader debate about gender identity and politics. The debate has become hotly contested, in particular online.
What does Nicola Sturgeon say?
Nicola Sturgeon - pictured on a Pride march in 2018 - says trans rights are not a threat to women's rights
The first minister has acknowledged that some people have "genuinely held concerns" about the plans - while arguing that others have latched onto the issue to spread transphobia.
She has described herself as "a lifelong feminist" but said it is "really important" to protect and enhance the rights of trans people.
And Ms Sturgeon has repeatedly insisted that trans rights and women's rights need not clash.
The SNP leader has also hit out at transphobia within her own party.
What do critics say?
JK Rowling posted a picture of herself wearing a t-shirt that described Nicola Sturgeon as a "destroyer of women's rights"JK Rowling posted a picture of herself wearing a t-shirt that described Nicola Sturgeon as a "destroyer of women's rights"
The Equalities and Human Rights Commission - which initially backed the Scottish government's proposals as a "simplified system" - has now urged ministers to rethink the plans and said that the existing system provides "the correct balanced legal framework that protects everyone".
Several prominent SNP politicians - including government ministers Kate Forbes, Ash Regan and Ivan McKee - signed a letter in 2019 urging the government not to "rush" the proposals, arguing that "changing the definition of male and female is a matter of profound significance".Several prominent SNP politicians - including government ministers Kate Forbes, Ash Regan and Ivan McKee - signed a letter in 2019 urging the government not to "rush" the proposals, arguing that "changing the definition of male and female is a matter of profound significance".
In October, Ms Regan quit as a government minister ahead of a debate on the bill, saying that her conscience would not allow her to support the plans.In October, Ms Regan quit as a government minister ahead of a debate on the bill, saying that her conscience would not allow her to support the plans.
Author JK Rowling has become one of the most prominent voices in the debate, saying that reading about the Scottish government's proposals had "triggered" her due to memories of being sexually assaulted.Author JK Rowling has become one of the most prominent voices in the debate, saying that reading about the Scottish government's proposals had "triggered" her due to memories of being sexually assaulted.
Ms Rowling said her life had been "shaped by being female" and argued that "erasing the concept of sex removes the ability of many to meaningfully discuss their lives".
The author, who lives in Edinburgh, posted a picture of herself with a T-shirt describing Ms Sturgeon as a "destroyer of women's rights" in support of a protest against the changes outside the Scottish Parliament.The author, who lives in Edinburgh, posted a picture of herself with a T-shirt describing Ms Sturgeon as a "destroyer of women's rights" in support of a protest against the changes outside the Scottish Parliament.
For Women Scotland, an organisation who describe themselves as "working to protect and strengthen women and children's rights", voiced support for the UK government's decision to block the bill.
What do supporters say?
Nicola Sturgeon - pictured on a Pride march in 2018 - says trans rights are not a threat to women's rights
Scottish LGBT+ organisations have described the current gender recognition process as outdated and dehumanising.
Campaigners say a move to make trans peoples' lives easier is long overdue, and will allow them to "live with the dignity and recognition that everyone deserves."
Scottish Trans manager Vic Valentine said the changes would enable trans men and women to show a birth certificate "that reflects who they are" at important moments in their lives, such as starting a job or giving notice to be married.
First Minister Nicola Sturgeon has acknowledged that some people have "genuinely held concerns" about the plans - while arguing that others have latched on to the issue to spread transphobia.
She has described herself as "a lifelong feminist" but said it is "really important" to protect and enhance the rights of trans people. She has insisted that trans rights and women's rights need not clash.
The first minister described the UK government's decision to block the bill as a "full-frontal attack" on the Scottish Parliament and accused the UK government of using trans people as a "political weapon".
How do you feel about the Scottish gender bill being blocked? Share your thoughts by emailing haveyoursay@bbc.co.uk.How do you feel about the Scottish gender bill being blocked? Share your thoughts by emailing haveyoursay@bbc.co.uk.
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