Beautiful Virgin Islands

Monday, Dec 15, 2025

Block on Scottish gender reforms to be challenged in court

Block on Scottish gender reforms to be challenged in court

The Scottish government is to launch a legal challenge to Westminster's block on its controversial gender reforms.

The proposals, which would allow people in Scotland to self-identify their sex, were passed by the Scottish Parliament in December last year.

But they were blocked by the UK government over their potential impact on UK-wide equality laws.

First Minister Humza Yousaf has previously described that move as an "undemocratic veto".

He was the only one of the three candidates in the SNP leadership contest who backed taking legal action in an attempt to overturn the block.

His predecessor, Nicola Sturgeon, had described the block as a "full-frontal attack on our democratically-elected Scottish Parliament" and said that legal action was inevitable.

Shirley-Anne Somerville, Scotland's social justice secretary, said the Gender Recognition Reform (Scotland) Bill had been passed by an "overwhelming majority of the Scottish Parliament, with support from members of all parties".

She said the block by the UK government was an "unprecedented challenge to the Scottish Parliament's ability to legislate on clearly devolved matters".

Ms Somerville added: "To uphold the democratic decision of the parliament, and ensure proper protection of devolution, Scottish ministers will now lodge a petition for judicial review of the secretary of state's decision.

She is expected to make a statement to the Scottish Parliament after the Easter break setting out details of her plans for a court challenge.

First Minister Humza Yousaf has described the block as undemocratic


Prime Minister Rishi Sunak defended the UK government's decision to block the gender recognition reforms, saying it had been based on "very careful and considered advice".

He added: "We had concerns about how Scotland's gender recognition act would interact with reserved powers, about the operation of the Equalities Act, the protection of women elsewhere in the UK as well.

"Obviously there's a court process, we will follow that through."

The gender reforms have been divisive within the SNP, with another of the leadership candidates, Ash Regan, resigning from the government last year over her fears about their impact on safeguards for women and girls.

A recent opinion poll by Panelbase for the Sunday Times suggested that 18% of Scottish voters think Mr Yousaf should launch a legal challenge, while 44% said that he should abandon the reforms and 24% believed a compromise should be found with the UK government.

Shortly after the reforms were passed, double rapist Isla Bryson - who changed gender after being arrested for attacking two women - was remanded to a women's jail.

Bryson was subsequently moved to a male prison after the case sparked widespread anger. Ministers insisted the new legislation had no impact on the decision about where Bryson was held.

Scottish Conservative deputy leader Meghan Gallacher claimed that the legal challenge was a "painfully transparent attempt by Humza Yousaf to divert attention from the civil war engulfing the SNP and the huge question marks over the party's finances".

But the Scottish Greens, who have a power sharing agreement with the SNP, said the move was "vital for equality and democracy".

Mr Yousaf has previously said he would only launch a court challenge to the UK government's block if he was given legal advice that it stood a chance of succeeding.

But former Supreme Court judge Lord Hope has said the Scottish government's chances of winning a court case are "very low".

The former deputy president of the Supreme Court said the Scottish legislation "most certainly does" impact on the Equality Act 2010 and the existing Gender Recognition Act 2004, which currently apply across Great Britain.

And he said it was difficult to see how a court would not agree that Scottish Secretary Alister Jack had "acted reasonably" in blocking the reforms through the use of a Section 35 order.

The Scottish secretary is able to use a Section 35 to block legislation passed by Holyrood if he believes it would have a detrimental impact on areas that are reserved to Westminster.

It is the first time a Section 35 has been used since the Scottish Parliament was created in 1999.

Former SNP minister Alex Neil told BBC Scotland earlier on Wednesday that "every lawyer I have spoken to has told me we don't have a cat in hell's chance of winning" a legal battle.

He said Mr Yousaf should instead focus on reintroducing the legislation after its "deficiencies" had been addressed.

Opponents of the gender reforms are concerned about their potential impact on single-sex spaces and other protections for women and girls


Susan Smith, co-director of the For Women Scotland group - which opposes the gender self-identification reforms - said Mr Yousaf was "remarkably foolish" to take legal action over legislation that is "wildly unpopular".

She added: "It is widely predicted that they will lose, so it seems like an incredible waste of everybody's time and money to go through this when there are other really pressing matters".

However, the announcement of a legal challenge was welcomed by Vic Valentine, the manager of Scottish Trans, who said the UK government's block was "unacceptable".

They added: "Other countries all over the world have introduced similar laws, with the only impact being a positive one."

Colin Macfarlane, the director of nations at Stonewall, said the UK government's "unprecedented" block had "made clear that they see trans people as a threat to be contained rather than people to be treated with dignity and respect".

The reforms are intended to make it easier for people to change their legally-recognised sex by doing away with the need for a medical diagnosis of gender dysphoria - a sense of unease that a person may have because of a mismatch between their biological sex and their gender identity.

Applicants for a gender recognition certificate would need to have lived in their acquired gender for three months rather than the current two years.

And the minimum age that someone can apply to change their sex will be cut 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.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
UK Government Declines to Comment After ICC Prosecutor Alleges Britain Threatened to Defund Court Over Israel Arrest Warrant
Apple Shutters All Retail Stores in the United Kingdom Under New National COVID-19 Lockdown
US–UK Technology Partnership Strains as Key Trade Disagreements Emerge
UK Police Confirm No Further Action Over Allegation That Andrew Asked Bodyguard to Investigate Virginia Giuffre
Giuffre Family Expresses Deep Disappointment as UK Police Decline New Inquiry Into Andrew Mountbatten-Windsor Claims
Transatlantic Trade Ambitions Hit a Snag as UK–US Deal Faces Emerging Challenges
Ex-ICC Prosecutor Alleges UK Threatened to Withdraw Funding Over Netanyahu Arrest Warrant Bid
UK Disciplinary Tribunal Clears Carter-Ruck Lawyer of Misconduct in OneCoin Case
‘Pink Ladies’ Emerge as Prominent Face of UK Anti-Immigration Protests
Nigel Farage Says Reform UK Has Become Britain’s Largest Party as Labour Membership Falls Sharply
Google DeepMind and UK Government Launch First Automated AI Lab to Accelerate Scientific Discovery
UK Economy Falters Ahead of Budget as Growth Contracts and Confidence Wanes
Australia Approves Increased Foreign Stake in Strategic Defence Shipbuilder
Former UK Prime Minister Boris Johnson proclaims, “For Ukraine, surrendering their land would be a nightmare.”
Microsoft Challenges £2.1 Billion UK Cloud Licensing Lawsuit at Competition Tribunal
Fake Doctor in Uttar Pradesh Accused of Killing Woman After Performing YouTube-Based Surgery
Hackers Are Hiding Malware in Open-Source Tools and IDE Extensions
Traveling to USA? Homeland Security moving toward requiring foreign travelers to share social media history
UK Officials Push Back at Trump Saying European Leaders ‘Talk Too Much’ About Ukraine
UK Warns of Escalating Cyber Assault Linked to Putin’s State-Backed Operations
UK Consumer Spending Falters in November as Households Hold Back Ahead of Budget
UK Orders Fresh Review of Prince Harry’s Security Status After Formal Request
U.S. Authorises Nvidia to Sell H200 AI Chips to China Under Security Controls
Trump in Direct Assault: European Leaders Are Weak, Immigration a Disaster. Russia Is Strong and Big — and Will Win
"App recommendation" or disguised advertisement? ChatGPT Premium users are furious
"The Great Filtering": Australia Blocks Hundreds of Thousands of Minors From Social Networks
Mark Zuckerberg Pulls Back From Metaverse After $70 Billion Loss as Meta Shifts Priorities to AI
Nvidia CEO Says U.S. Data-Center Builds Take Years while China ‘Builds a Hospital in a Weekend’
Indian Airports in Turmoil as IndiGo Cancels Over a Thousand Flights, Stranding Thousands
Hollywood Industry on Edge as Netflix Secures Near-$60 Bln Loan for Warner Bros Takeover
Drugs and Assassinations: The Connection Between the Italian Mafia and Football Ultras
Hollywood megadeal: Netflix acquires Warner Bros. Discovery for 83 billion dollars
The Disregard for a Europe ‘in Danger of Erasure,’ the Shift Toward Russia: Trump’s Strategic Policy Document
Two and a Half Weeks After the Major Outage: A Cloudflare Malfunction Brings Down Multiple Sites
UK data-regulator demands urgent clarity on racial bias in police facial-recognition systems
Labour Uses Biscuits to Explain UK Debt — MPs Lean Into Social Media to Reach New Audiences
German President Lays Wreath at Coventry as UK-Germany Reaffirm Unity Against Russia’s Threat
UK Inquiry Finds Putin ‘Morally Responsible’ for 2018 Novichok Death — London Imposes Broad Sanctions on GRU
India backs down on plan to mandate government “Sanchar Saathi” app on all smartphones
King Charles Welcomes German President Steinmeier to UK in First State Visit by Berlin in 27 Years
UK Plans Major Cutback to Jury Trials as Crown Court Backlog Nears 80,000
UK Government to Significantly Limit Jury Trials in England and Wales
U.S. and U.K. Seal Drug-Pricing Deal: Britain Agrees to Pay More, U.S. Lifts Tariffs
UK Postpones Decision Yet Again on China’s Proposed Mega-Embassy in London
Head of UK Budget Watchdog Resigns After Premature Leak of Reeves’ Budget Report
Car-sharing giant Zipcar to exit UK market by end of 2025
Reports of Widespread Drone Deployment Raise Privacy and Security Questions in the UK
UK Signals Security Concerns Over China While Pursuing Stronger Trade Links
Google warns of AI “irrationality” just as Gemini 3 launch rattles markets
Top Consultancies Freeze Starting Salaries as AI Threatens ‘Pyramid’ Model
×