Section 35 appeal: our response

We’re deeply disappointed that the Scottish Government will not appeal the Court of Session ruling on the UK Government’s unprecedented decision to use Section 35 to block the Gender Recognition Reform (Scotland)  Bill from Royal Assent. This Bill was one of the most debated in the Scottish Parliament’s history and was passed by a resounding majority of MSPs drawn from all major Scottish parties.

It is important to remember that the Court judgment did not rule that there was anything wrong with the Bill itself but only that the UK Government has the power to block the Bill from becoming law. 

This unfortunately means, for now, trans people in Scotland will not be able to have their gender legally recognised through a process that is in line with an ever growing number of progressive nations like Ireland, Canada and New Zealand.

We were pleased to hear in the Cabinet Secretary’s statement to Parliament today  that reform of the Gender Recognition Act remains Scottish Government policy and that the GRR Bill will not be withdrawn. Stonewall will continue to press all administrations to make progress on LGBTQ+ rights in line with leading international practice.