New Scottish Leader Plans to Challenge UK Over Gender Law Veto

VIVA – News has been circulating on social media about Scotland planning to challenge the British government for its decision to veto the draft bill that makes it easier for people in Scotland to change their gender on official documents.

The plan was said by the new Scottish First Minister, the first Muslim and Asian man in Western Europe, Humza Yousaf, on Wednesday, as reported by Associated Press. 

“A legal challenge is now our only means of defending our Parliament’s democracy from the Westminster veto. If unchallenged, it sends a signal that the UK Government can veto any legislation they disagree with, at a whim," Yousaf stated. 

Former First Minister Nicola Sturgeon’s vow to defend the legislation was left in question after her abrupt resignation created a bitter battle last month to replace her as leader of the Scottish National Party. Yousaf, a close Sturgeon ally, was pitted against two rivals who opposed the gender bill.

Yousaf did not commit to challenging the veto in court when asked Tuesday, saying he was considering legal advice.

Passage of the bill in December was hailed by transgender rights activists but vetoed by the British government, which argued it could undermine UK-wide equality legislation that guarantees women and girls access to single-sex spaces such as changing rooms and shelters.

The bill would allow people aged 16 or older in Scotland to change the gender designation on identity documents by self-declaration, removing the need for a medical diagnosis of gender dysphoria. 

It would also speed up legal recognition of the change from two years to three months for adults and to six months for people aged 16 and 17.

In the rest of the United Kingdom, a medical diagnosis is needed before individuals can transition for legal purposes.

Scotland is part of the UK but, like Wales and Northern Ireland, has its semi-autonomous government with broad powers over areas including health care.

The veto was the first time a UK government blocked a Scottish law since its government and parliament were established a quarter-century ago.

Meanwhile, Prime Minister Rishi Sunak said on Wednesday that the UK government had taken “very careful and considered advice” on the issue before invoking the rarely used veto power. 

"The government would follow through with any court case," he said.