Politicians praise new Scottish gender-switch law and call for Northern Ireland to mimic it
In short, the change makes it easier to obtain a Gender Recognition Certificate, which legally alters your status from male to female (or vice-versa).
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Hide AdReforming the law has been an aim of transgender campaigners for years, who want it ultimately replaced by a practice known as “self-ID”, where there are minimal-to-no requirements for switching gender.
Today’s change is something the SNP leadership has been strongly behind, but despite whipping its MSPs to support the measure there has been notable dissent among its own members.
WHAT EXACTLY HAS CHANGED?
Under the 2004 Gender Recognition Act, it was already possible to change your legal status without undergoing surgery or hormone therapy.
However, a handful of criteria remained:
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Hide Ad> Applicants had to show they had lived in their new identity for two years;
> They were required to pledge to live in their new gender permanently;
> And – crucially – a diagnosis of “gender dysphoria” was required.
This last one is arguably the most important.
The 2004 act describes “gender dysphoria” as a “disorder”.
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Hide AdThere has been a largely-successful push by transgender activists in recent years to stop this.
The government no longer uses that word “disorder”, and the NHS currently says: “Gender dysphoria is a term that describes a sense of unease that a person may have because of a mismatch between their biological sex and their gender identity…
"Gender dysphoria is not a mental illness.”
But whatever its definition, under the the 2004 act a “diagnosis” of gender dysphoria was needed from “a registered medical practitioner, or a registered psychologist” before someone could legally switch genders.
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Hide AdTrans activists have long complained about this and the other criteria above, saying people should be able to self-identify as whatever they want without professional approval.
The law change today in Scotland gives these activists much of what they want, in that:
> The age for applicants will be cut from 18 to 16;
> The requirement for a gender dysphoria diagnosis has gone;
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Hide Ad> The period applicants are required to live in their acquired gender is cut from two years to three months (or six months for 16 and 17-year-olds), though there will be a three month "reflection period" before a certificate is issued.
The law was passed today by 86 votes to 39.
FARRY AMONG THOSE HAILING NEW LAW:
Alliance deputy Dr Stephen Farry tweeted out a link to coverage of the story by Pink News, along with the words: “Well done Scotland. Now rest of UK, including Northern Ireland needs to follow.”
The response was overwhelmingly negative; of over 100 replies to his tweet at time of writing, the News Letter did not spot any which were supportive.
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Hide AdFellow Alliance MLA Paula Bradshaw wrote: “Really pleased to see this for the Scottish trans community. The Scottish Parliament leading the way on social justice.
“It is important that we get up to pace with them ASAP to ensure that gender recognition is applicable across the UK.”
Among those replying to her was former BBC correspondent Martina Purdy, who asked: “What happens when the person's initial elation wears off and they realise they have made a huge life-altering mistake? Will you be so pleased then?”
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Hide AdSDLP councillor Seamas de Faoite (@SeamasBelfast) tweeted: “I know watching huge progress for Trans lives and rights in Scotland and Spain today will be bittersweet for Trans people in NI.
"It’s deeply unfair that lives in NI are always left to the very end of change on these islands and Western Europe. We won’t forget about you.”
Meanwhile the internal SDLP group SDLPLGBT+ (@SDLPlgbt) said: “Huge congratualtions to the Scottish Parliament for passing the Gender Recognition Reform Bill!
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Hide Ad“This will make it easier for trans people to change their legal gender. #TransRightsAreHumanRights”.
Green Party councillor Anthony Flynn (@AntoFlynnser) wrote: “Scotland leading the way on forwarding the rights of the Trans community today, a stark difference to the hostile approach of the UK government. Congratulations Scotland!
"Meanwhile in NI, Trans people are forced to wait years & made to overcome horrendous barriers to get legal recognition, a system that has utterly failed. We have a long way to go and Greens are behind you. #TransRightsAreHumanRights”
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Hide AdAt time of writing, no significant reaction from Sinn Fein seemed to have appeared online; for example, Sinn Fein LGBTQ (@sinnfeinlgbtq) had not tweeted anything on the issue.
However, north Belfast MLA Caral ni Chuilin (who has been a vocal backer of trans reforms) retweeted an article from Holyrood Magazine, in which SNP leader Nicola Sturgeon said: “I'm a feminist, I will argue for women's rights, I will do everything I can to protect women's rights for as long as I live. But I also think it's an important part of my responsibility to make life a little bit easier for stigmatised minorities in our country.”