Scottish ministers propose simpler acquired gender laws

Simpler and less intrusive rules for transgender people to be legally recognised in their acquired gender were today put out to consultation by the Scottish Government.

The proposals, which also contain options for the legal recognition of non-binary people – those who do not identify as male or female – would mean replacing the requirements to provide medical evidence and to live in an acquired gender for two years when seeking legal gender recognition, with a self-declaration system, and reducing the age at which recognition can be obtained to 16, while considering options for under-16s.

Ministers say these changes, streamlining the process for obtaining a full gender recognition certificate under the Gender Recognition Act 2004, would bring Scotland into line with international best practice.

Launching the consultation, Angela Constance, Cabinet Secretary for Communities, Social Security and Equality, commented:

“Scotland rightly has a reputation as one of the most progressive countries in relation to LGBTI legal and human rights equality in Europe – but we need to do more to progress equality for trans people.

“Both our Fairer Scotland Action Plan and this year’s Programme for Government commit to renewing the 2004 Gender Recognition Act. This Act was once considered ahead of its time but it now needs updated so we can ensure we are creating a fairer Scotland for those who are transgender and non-binary.

“By holding a full and wide ranging consultation we can make sure that our law is fit for purpose and in line with international best practice. This is a vital conversation and one which will ensure transgender and non-binary people in Scotland are treated with dignity, fairness and respect.”

Equality and women's organisations have both welcomed the move. James Morton, Scottish Trans Alliance Manager, said:
“The current process to change the gender on a trans person’s birth certificate is a humiliating, offensive and expensive red-tape nightmare which requires them to submit intrusive psychiatric evidence to a faceless tribunal panel years after they transitioned. It makes sense for birth certificates to be brought into line with the self-declaration process already used to change all other identity documents when trans people start living in their gender identity.

“Being able to change the gender on their birth certificate to match their other identity documents is important primarily to uphold trans people’s privacy and dignity but also to ensure that their pensions, insurance policies, civil partnerships and marriages are all administered correctly."

He added: “We urge the Scottish Government to also provide legal gender recognition for non-binary trans people so that all trans people can have equal inclusion and acceptance within Scottish society.”

A joint statement from Close the Gap, Engender, Equate Scotland, Rape Crisis Scotland, Scottish Women’s Aid, Women 50:50 and Zero Tolerance said: “For over a decade, we have engaged in constructive dialogue with our colleagues in the Scottish Trans Alliance, Equality Network, LGBT Youth Scotland and Stonewall Scotland. We do not regard trans equality and women’s equality to be in competition or contradiction with each other. We support the Equal Recognition campaign and welcome the reform of the Gender Recognition Act. Rape Crisis and Women’s Aid in Scotland provide trans inclusive services on the basis of self identification. We will continue to work collaboratively with Scottish Trans Alliance and other equality organisations with the aim of ensuring that new processes are appropriately designed and without unintended consequences.”

Click here to access the consultation. The closing date for responses is 1 March 2018.