Scottish Government says gender recognition laws must 'take account of everyone's rights'

 (Photo: Unsplash/Adam Wilson)

The Scottish Government has said that some transgender policies, while "well-intentioned", may have gone too far.

The admission was made by Cabinet Secretary for Social Security Shirley-Anne Somerville in the foreward to a consultation into the draft Gender Recognition Reform (Scotland) Bill, published on Tuesday. 

The public consultation is taking place until 17 March 2020.  It follows a previous four-month consultation in 2018 into changes to the 2004 Gender Recognition Act. 

The proposals on the table include introducing gender self-identification, which would make it possible for a transgender person to legally change their sex without the current requirement for medical and psychiatric evidence. 

In order to make the change, they would need to have been living in their chosen sex for at least three months and state their intention to live permanently in this sex. 

Other proposals recommend lowering the age at which people can apply for a gender recognition certificate from 18 to 16. 

In the foreward to the consultation, Ms Somerville said that some of the debate had been characterised by "transphobia and misogyny".  She called for a "vigorous" but "respectful" debate on gender recognition. 

But she also admitted that some efforts to accommodate trans people may have come at the expense of the rights of women and girls. 

"I recognise that some organisations have changed policies whihc are not required in law. And I know that they have done so in a well-intentioned attempt to be trans-inclusive," Ms Somerville wrote.

"However they may have unintentionally made changes that make women feel uncomfortable and less safe. They need to take account of everyone's rights." 

When the Scottish Government first announced that it would be holding a fresh consultation into the changes, the news was welcomed by the Evangelical Alliance, which said that "greater clarity" was needed around the proposals. 

It was especially critical of plans to lower the age at which people can change their gender, calling the proposal "deeply concerning". 

"We will continue to engage with the Scottish Government on this issue, providing a clear and compassionate Christian response," it said at the time. 

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