The Scottish government will challenge the United Kingdom using Section 35 of the Scotland Act to stop the Gender Recognition Reform Bill from becoming law..“The use of Section 35 is an unprecedented challenge to the Scottish Parliament’s ability to legislate on clearly devolved matters, and it risks setting a dangerous constitutional precedent,” said Scottish Social Justice Secretary Shirley-Anne Somerville in a statement..“In seeking to uphold the democratic will of the Parliament and defend devolution, Scottish ministers will lodge a petition for a judicial review of the secretary of state for Scotland’s decision.”.The Scottish government approved plans to make it easier and less intrusive for people to legally change their gender, extending the new system of self-identification to 16- and 17-year-olds for the first time, in December..The Gender Recognition Reform Bill was passed by members of the Scottish Parliament in a special extended session six years after it was proposed by former first minister Nicola Sturgeon, after two of the largest public consultations in the country's history, and amid an increasingly toxic, polarized political discourse..As a mark of the escalating tensions surrounding the changes, the debate was disrupted minutes before the final vote by protesters in the public gallery shouting “Shame on you” and “This is the darkest day.”. Alister JackPortrait of the Secretary of State for Scotland, Alister Jack .Secretary of State for Scotland Alister Jack said in January he would be making an order under Section 35 of the Scotland Act to prevent the area’s Gender Recognition Reform Bill from proceeding to royal assent..READ MORE: British government to block Scottish gender identity law .“After thorough and careful consideration of all the relevant advice and the policy implications, I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation,” said Jack..He said transgender people who are going through gender transitions deserve respect, support, and understanding. He added his decision is about “the legislation’s consequences for the operation of GB-wide equalities protections and other reserved matters.”.The British government gave no advance warning on using this power, and it did not ask for any amendments to the bill throughout its nine month passage through the Scottish Parliament. Somerville said its offers to work with the British government on potential changes were refused by Jack, “so legal challenge is our only reasonable means of resolving this situation.”.She concluded by saying it's important “to have clarity on the interpretation and scope of the Section 35 power and its impact on devolution.” .“These matters should be legally tested in the courts,” she said.
