Gender row legal challenge likely to fail, says judge
The reforms, which are intended to make it easier for trans people to change their legally-recognised sex, were passed by the Scottish Parliament last month.
Her social justice secretary, Shona Robison, has said she is "very confident" the Bill does not impact on UK legislation, adding: "This is legislation that is completely devolved, it is within the competence of the Scottish Parliament." "It is open to question whether it is a wise decision from the prospects of success, which I would think were very low given the detail in the document that has been published".Nicola Sturgeon said it was "inevitable" that the Scottish government would go to court over the veto
The major issues included Scottish applicants for a Gender Recognition Certificate no longer having to provide evidence that they have been living as their acquired gender, while England has a "much tougher system".He also said the lowering of the minimum age to 16 raises questions about single sex schools - of which there are very few in Scotland but many more in England.
"It is a section that has been in the settlement since the outset, so it is not destroying devolution at all - it is part of what devolution involves."that he did not believe that the "nuclear option" of using a Section 35 was justified by the reasons set out by the UK government. "If concerns are raised by the EHRC once they issue that guidance then both governments in good faith should look to address those concerns. That is the sensible way forward".
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