MSPs back controversial gender plans

Scottish politicians have backed deeply controversial gender recognition plans that would allow children to legally change sex.

The Gender Recognition Reform (Scotland) Bill was backed by 88 votes to 33 at a Stage 1 debate this evening, with 4 MSPs abstaining. A total of nine SNP politicians defied a party whip - the largest rebellion against government legislation in the SNP's 15 years in power.

The bill would allow people aged 16 and older in Scotland to obtain a Gender Recognition Certificate (GRC) without any medical oversight. Existing laws require people to be diagnosed with gender dysphoria, and live in their "acquired gender" for two years before obtaining a GRC.

The plans are highly likely to become law following this vote, the largest hurdle in the Holyrood process, although amendments are still possible. A small number of MSPs raised concerns, including members on the Conservative and Labour benches and SNP MSP John Mason.

Before the debate, it also emerged that government Minister Ash Regan had resigned over the bill in a highly unusual show of defiance. In a letter to First Minister Nicola Sturgeon Ms Regan said "my conscience will not allow me to vote with the government".

In the debate, critics said a system of self-declaration would undermine women's protections, and child safeguarding. Several highlighted a clash with equality laws, and pointed to an ongoing review of how children with gender dysphoria are treated by medics.

Scottish Conservative MSP Rachael Hamilton said: "A GRC "confers a significant change of status with potentially far-reaching consequences”. And she noted that under a system of self-ID, a "bad faith actor…could insist on gaining access to changing rooms, [and] rape shelters”.

John Mason MSP, who is a Christian, said there are "certain things we need to accept as scientific or medical facts", including that "there are two sexes". He added that “a person’s biological sex cannot be changed” and the bill further "blurs the lines" between male and female.

Mr Mason also noted that trans people agree “gender dysphoria is a recognised condition” that “can and should be independently assessed”. His decision to defy a party whip this evening means he is likely to face disciplinary action, and potential expulsion from the SNP.

Whilst voting for the bill 1, Labour MSP Michael Marra said, "biological sex remains the definitive organising factor of our state and society”. And he decried the fact that "well-founded concerns have not been answered by this government” in the past two years.

CARE shares concerns that the Scottish Government's proposals will erode women's rights and harm children. Speaking ahead of the debate this afternoon Michael Veitch, Scottish Parliamentary Officer at CARE for Scotland, commented:

“We do not accept the narrative of proponents that this Bill is essentially a tidying-up exercise aimed at reducing the bureaucracy of acquiring a Gender Recognition Certificate. On the contrary, by removing medical requirements, and reducing the statutory time limit to a nominal three-month period, the Bill introduces a de-facto system of ‘self-identification’.

“If passed, the Bill would send a very clear message to children and young people that their biological sex is not a fixed reality but entirely a matter of personal choice. ‘Self-identification’ could encourage them to make potentially life-altering changes to their bodies. We also have concerns about the bill’s impact on sex-based rights and conventions, and freedom of expression.”