In a huge win for trans people, the Scottish Parliament has passed a landmark Bill removing barriers to legal recognition
We are delighted by the news that the Scottish Parliament has passed the Gender Recognition Reform Bill by 86 votes to 39.
At a time when trans people in the UK are facing growing hostility, Scottish MSPs have shown bravery and a commitment to equality in supporting this long-overdue legislation, and we send our gratitude and admiration to the Scottish campaigners who have tirelessly fought for reform for over six years.
The reforms mean a trans person can more easily change their legally recognised gender from male to female or vice versa, including identity documents (such as birth certificates or passports).
What are the key changes?
- Lowering the minimum age requirement for applicants to 16
- Moving from a medicalised requirement for psychiatric diagnosis to a system of statutory declaration (“self-declaration”)
- Reducing the requirement for two years living “in line” with your gender to three months, with a three-month “reflection period” between the application and the certificate being issued
We celebrate that many trans people in Scotland will no longer be required to undergo an intrusive and protracted process simply to be able to be recognised as their authentic selves. In particular, the decision to reduce the age at which a person can seek a Gender Recognition Certificate from 18 to 16 is an important step in ensuring that young trans people have the same right to determine their own gender.
In 2020, the UK Government scrapped their promised reform to the Gender Recognition Act, despite their own consultation showing a clear majority in support of an end to the requirement for a medical diagnosis to change your gender.
At this historic moment in the fight for trans equality and recognition in Scotland, we reiterate our calls for the UK Government to review its decision to maintain the existing slow, bureaucratic and medicalised process which prevents trans people from getting on with their lives.
What do the young people we work with have to say?
“This needs to be replicated in other home nation law, as this will save lives.”
“The removal of the gender dysphoria diagnosis requirement means more trans people will be able to change their legal gender without facing long waiting times.”
“England needs to follow now but I honestly can’t see it happening.”
“As a Scottish trans person, it’s quite scary because I have heard some of the opinions of people as a reaction to this and it’s not positive at all. I just worry there is gonna be so much backlash.”
“[It’s] really good that it’s happening, but sadly I just know it’s going to cause controversy and just add to this constant trans in the media narrative which is so stressful.”
More information and support for trans people in Scotland can be found on the Scottish Trans website.