Gender Recognition Act 2004 in Scotland

What does Scotland think about gender recognition?

The Scottish Government have released an update following their recent consultation on the Gender Recognition Act 2004 which closed in March 2018. The letter published on their website includes a brief analysis of the results to some of the key questions posed to the public. Gender recognition is a devolved area of law in Scotland and reforms to the GRA 2004 are an ongoing conversation in both Westminster and Holyrood.

The first results from the consultation are positive and suggest that a significant number of people are in favour of making gender recognition less restrictive, to include young trans people under 18 and non-binary people.

Over fifteen and a half thousand responses were received, including submissions from 162 organisations covering a wide range of interests from trans and wider LGBTQ community groups, women’s groups and religious bodies. Excitingly, a majority of people who responded supported the Scottish Government’s proposal of a demedicalised model of gender recognition that does not rely on the approval of a panel of “experts”.

Under this model, Scotland would introduce reforms similar to those seen in Ireland and Canada where people do not need evidence from a medical professional to change their legal gender. The model that we would be most likely to see in the UK would be statutory declaration, where people would sign a legal document in front of a witness such as a solicitor.

There was also an encouraging result for young people aged 16 and 17. A majority of submissions agreed that these young people who are old enough to marry, join the army and vote in Scotland, should also be able to change their legal gender.

For children up to the age of 16, less than a third of respondents said they should remain excluded from being able to have their legal gender changed, with this figure rising to just over a third for children under the age of 12. Almost a quarter of people thought a capable child under 16 should be able to apply to change their gender and a similar number of people thought children should be able to apply with parental agreement.

Finally, almost two thirds of respondents agreed that non-binary people deserve legal recognition in Scotland. This would also mirror reforms seen in places such as in Australia, New Zealand and parts of the USA. A similar figure also thought the Equality Act 2010 should be amended to include all non-binary people in its protections against discrimination. Currently, the protected characteristic is ‘gender reassignment’, not gender identity, which was written to cover people undergoing a medical pathway of transition and is therefore not inclusive of all trans people.

The results of the Scottish consultation are an encouraging indicator that there is an appetite to reform laws to better include trans and non-binary people in parts of the UK. 14 years ago, the GRA 2004 was one of the most progressive pieces of legislation for trans people in the world. The results from this consultation show that spirit of inclusion is still alive and that change is possible.

There are only a few weeks until the English consultation closes. It is so important that trans people, their families and their friends make sure their voices are heard. We have a once in a generation opportunity to make legal gender recognition easier, more affordable and demedicalise the process.

If you haven’t yet submitted a response but are finding the process a little confusing, we will be running a drop in on the 6th October where you can fill out the consultation with support from our staff and volunteers. We also have online guidance to help you respond to the key questions.

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