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What are the plans for gender reforms in Scotland? What are the plans for gender reforms in Scotland?
(1 day later)
Legislation that aims to make it easier for people in Scotland to change their legally recognised gender has reached the final stage of its parliamentary process. Legislation that aims to make it easier for people in Scotland to change their legally recognised gender has divided opinion.
MSPs will consider dozens of proposed changes to the Gender Recognition Bill on Tuesday, then on Wednesday they will vote on whether to pass the bill. MSPs are due to vote later on whether to pass the controversial Gender Recognition Bill.
The controversial proposals were previously shelved in the face of opposition from some senior SNP politicians, women's groups and Harry Potter author JK Rowling.
But the SNP resurrected the plans after its victory in the last Holyrood election.
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 also must 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 is the proposal?
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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 proposal 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.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.
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?Why is it controversial?
This video can not be played Opponents of the reforms have protested outside the Scottish parliament
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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?
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. 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.
The two sides of Scotland's gender law debate
The dividing lines over Scotland's gender laws
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. And this debate has become hotly contested, in particular online.
What does the public think?
Opponents of the reforms have protested outside the Scottish parliament
The Scottish government has held two consultations on its plans, which between them attracted more than 30,000 responses.
The second, focused on the draft legislation, garnered 17,058 submissions. An analysis of these responses said "a small majority of organisations broadly supported changing to a statutory declaration-based system", with about four in 10 not supporting this and one in 10 not taking a clear position.
While responses were fairly polarised between the two sides, one "area of shared concern" was identified - that the debate around the issue had become "toxic" and was "underpinned by a social media culture in which people are being bullied and harassed by those taking a different view".
The dividing lines over Scotland's gender laws
Despite strong feelings tending to dominate the debate, a BBC survey suggested that 67% of people had not been following the issue closely.
This meant that while responses indicated a general sympathy towards trans people, there was uncertainty and hesitation around the specifics of the proposed changes.
There was also a clear age divide on almost all questions in the BBC survey, with under-35s being much more inclined to support reforms.
What does Nicola Sturgeon say?What does Nicola Sturgeon say?
Nicola Sturgeon - pictured on a Pride march in 2018 - says trans rights are not a threat to women's rightsNicola 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.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.
However over the several years that the plans have been debated in Scotland, she has repeatedly insisted that trans rights and women's rights need not clash. She has described herself as "a lifelong feminist" but said it is "really important" to protect and enhance the rights of trans people.
Ms Sturgeon said: "I am a lifelong feminist, a feminist to my fingertips. But I also think it's really important that we protect and enhance the rights of trans people, one of the most stigmatised minorities in our society. And Ms Sturgeon has repeatedly insisted that trans rights and women's rights need not clash.
"And I do not believe that the rights of women and the rights of trans people need be in conflict." The SNP leader has also hit out at transphobia within her own party.
The SNP leader has also hit out at transphobia within her own party, saying that "it is wrong and we must treat it with the zero tolerance we treat racism or homophobia".
What do critics say?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. 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".
Chairwoman Baroness Falkner backed the existing system in a letter to Social Justice Secretary Shona Robison, saying: "The established legal concept of sex, together with the existing protections from gender reassignment discrimination for trans people and the ability for them to obtain legal recognition of their gender, collectively provide 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".
Meanwhile 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. 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.
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".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, recently 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.
What has already happened in Holyrood?
The proposals were debated by MSPs for the first time in October as the Scottish government began the process of passing the reforms after its previous attempts stalled.
Ahead of that debate, Scottish government minister Ash Regan quit - saying her conscience would not allow her to support the plans.
She became the first SNP minister to quit over government policy since it came to power in 2007, with the party also facing its biggest-ever backbench rebellion. Seven SNP MSPs voted against the government, with another two abstaining.
Ms Regan subsequently said she could not vote for legislation "where I could not be 100% certain that women and girls would not be in danger".
SNP MSPs had been ordered by the party to support the proposals, which were backed in the vote by every Green, Labour and Liberal Democrat MSP.
The Conservatives allowed their MSPs a free vote, with two voting in favour of the changes and the rest against.
The proposals were ultimately passed at that stage by 88 to 33 votes with four abstentions.