Scotland’s First Minister Nicola Sturgeon on Monday warned London against any bid to block a controversial Scottish gender recognition law, adding her devolved government is prepared to ‘rigorously’ defend its powers all the way to the UK’s top court.
Less than two months after the Scottish National Party (SNPplans )’s to stage a second independence referendum were thwarted by the UK Supreme Court, a deadlock over the law to make it easier for people to change gender ratchets up London’s hostile relations with Scotland’s regional administration.
At a press conference in Edinburgh, Sturgeon stated that if Prime Minister Rishi Sunak intervenes to prevent the gender law, her government is ready to “rigorously” defend it all the way to the UK’s highest court.
‘We will defend the bill in the Supreme Court,’ if necessary, she said.
‘What I can say in general is that we will absolutely, robustly, and rigorously and with a very, very, very high degree of confidence, defend the legislation,’ said the first minister.
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Sunak is considering legal advice ahead of Wednesday’s deadline for him to act.
Under devolution rules, which led to the establishment of the Scottish parliament in 1999, London can block legislation if ministers believe it will have an ‘adverse effect on the operation of the law’.
If Sunak decides to take action, he will become the first No 10 incumbent to use the blocking mechanism.
The legislation, passed by the Scottish parliament in December, makes it easier and faster for people to officially change their gender, dropping the requirement for a gender dysphoria medical diagnosis.
The legislation allows people aged 16 and 17 to change their gender, despite efforts by some Scottish lawmakers to keep the age at 18.
It reduces from two years to three months — or six months for 16-17 year-olds — the time needed for an applicant to live in their new gender before it is officially recognised.
Opponents of the law fear it could present dangers to women and girls, particularly around the provision of single-sex spaces.
But the Scottish government insists it will not impact the UK’s Equality Act, which allows for trans people to be excluded from single-sex spaces such as changing rooms and shelters.
Officials in London are closely assessing the impact the law would have on the Equality Act before advising the prime minister, said a UK government spokesman.