This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.theguardian.com/politics/2019/dec/17/transgender-reforms-will-not-diminish-womens-rights-scottish-government

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Trans reforms will not diminish women's rights, says Holyrood Trans reforms will not diminish cis women's rights, says Holyrood
(about 1 hour later)
Draft bill would make it simpler for trans people to obtain a gender recognition certificateDraft bill would make it simpler for trans people to obtain a gender recognition certificate
Reforms aimed at simplifying how transgender people change the sex on their birth certificates will not diminish the rights of women, the Scottish government has pledged as it seeks to strike a balance on an issue that has polarised opinion and divided the Scottish National party. Reforms aimed at simplifying how transgender people change the sex on their birth certificates will not diminish the rights of cis women, the Scottish government has pledged as it seeks to strike a balance on an issue that has polarised opinion and divided the Scottish National party.
Holyrood’s social security secretary, Shirley-Anne Somerville, acknowledged in her opening remarks to the draft bill, which opens for consultation today, that some organisations have made women feel “uncomfortable and less safe” in their attempts to be trans-inclusive. Holyrood’s social security secretary, Shirley-Anne Somerville, acknowledged in her opening remarks to the draft bill, which opened for consultation on Tuesday, that some organisations have made cis women feel “uncomfortable and less safe” in their attempts to be trans-inclusive.
The draft bill proposes streamlining the process for obtaining a gender recognition certificate, which trans advocates report as being intrusive, lengthy and humiliating. Instead of providing documentation such as medical and psychiatric reports to a panel of adjudicators, individuals would be able to change their legal gender by self-declaration, making a formal statutory declaration confirming the gender in which they have been living for at least three months and their intention to continue to do so for the rest of their life. This is to be followed by a three-month “reflection period” before the certificate is issued.The draft bill proposes streamlining the process for obtaining a gender recognition certificate, which trans advocates report as being intrusive, lengthy and humiliating. Instead of providing documentation such as medical and psychiatric reports to a panel of adjudicators, individuals would be able to change their legal gender by self-declaration, making a formal statutory declaration confirming the gender in which they have been living for at least three months and their intention to continue to do so for the rest of their life. This is to be followed by a three-month “reflection period” before the certificate is issued.
James Morton, the manager of the Scottish Trans Alliance, said he was very pleased that the draft bill was based on statutory declaration, not psychiatric evidence, and that it reduced the age for application from 18 to 16.James Morton, the manager of the Scottish Trans Alliance, said he was very pleased that the draft bill was based on statutory declaration, not psychiatric evidence, and that it reduced the age for application from 18 to 16.
“The current process to change the sex 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,” he said.“The current process to change the sex 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,” he said.
“What’s written on a trans person’s birth certificate is not the deciding factor for their access to single-sex services or sports competitions.”“What’s written on a trans person’s birth certificate is not the deciding factor for their access to single-sex services or sports competitions.”
While broadly welcoming the proposals, equalities groups are privately worried that this second consultation period, which closes next March, may mean that reform is not achieved within this parliamentary session, as originally promised by the first minster, Nicola Sturgeon. The session ends with the Holyrood elections in May 2021.While broadly welcoming the proposals, equalities groups are privately worried that this second consultation period, which closes next March, may mean that reform is not achieved within this parliamentary session, as originally promised by the first minster, Nicola Sturgeon. The session ends with the Holyrood elections in May 2021.
Earlier this year, the director of Stonewall Scotland, Colin Macfarlane, criticised the Scottish government for taking more than a year to publish its response to the first consultation on reform of the Gender Recognition Act, warning that it was “causing real anxiety among trans people”.Earlier this year, the director of Stonewall Scotland, Colin Macfarlane, criticised the Scottish government for taking more than a year to publish its response to the first consultation on reform of the Gender Recognition Act, warning that it was “causing real anxiety among trans people”.
That first consultation, which ran for four months in 2018, faced criticism that it relied too heavily on government-funded women’s and equality organisations and did not canvas the views of ordinary women.That first consultation, which ran for four months in 2018, faced criticism that it relied too heavily on government-funded women’s and equality organisations and did not canvas the views of ordinary women.
The re-opening of the consultation today, and the re-drafting of the bill to leave out more controversial suggestions such as the recognition of non-binary people, is thought to reflect a significant rift within the Scottish government over the issue. A number of prominent SNP women, including MSP Joan McAlpine and the MP and anti-Brexit campaigner Joanna Cherry, launched a “women’s pledge” at the party’s conference in October, calling for women to have the right to discuss such policies. The re-opening of the consultation, and the re-drafting of the bill to leave out more controversial suggestions such as the recognition of non-binary people, is thought to reflect a significant rift within the Scottish government over the issue. A number of prominent SNP women, including MSP Joan McAlpine and the MP and anti-Brexit campaigner Joanna Cherry, launched a “women’s pledge” at an event that ran alongside the party’s conference in October, calling for cis women to have the right to discuss such policies.
But more detailed notes in the consultation document emphasise that rights established for women in the Equality Act would not be affected by the proposed reforms, in particular the exemptions that make it possible to exclude transgender women from, for example, a rape counselling service, a domestic violence shelter or jobs that involve intimate health and personal care being provided to other women. But more detailed notes in the consultation document emphasise that rights established for cis women in the Equality Act would not be affected by the proposed reforms, in particular the exemptions that make it possible to exclude transgender women from, for example, a rape counselling service, a domestic violence shelter or jobs that involve intimate health and personal care being provided to cis women.
Somerville urged those responding to the consultation to “be respectful and listen to others” and insisted that she maintained “an open-door policy to all those who wish to discuss our proposals”.Somerville urged those responding to the consultation to “be respectful and listen to others” and insisted that she maintained “an open-door policy to all those who wish to discuss our proposals”.
But the group For Women Scotland, one of a number of grassroots activist groups formed to channel concern about the reforms, said Somerville had not met them despite their requests. The group is planning a series of public meetings to discuss responses to the consultation.But the group For Women Scotland, one of a number of grassroots activist groups formed to channel concern about the reforms, said Somerville had not met them despite their requests. The group is planning a series of public meetings to discuss responses to the consultation.
Others expressed concerns that the emollient language in the consultation would not be matched by significant policy explanation. The policy analyst collective Murray Blackburn Mackenzie, which has published critical assessments of transgender reform, welcomed the further consultation, saying: “We now need a transparent process, in which substantial questions about law, evidence and analysis receive substantial answers.”Others expressed concerns that the emollient language in the consultation would not be matched by significant policy explanation. The policy analyst collective Murray Blackburn Mackenzie, which has published critical assessments of transgender reform, welcomed the further consultation, saying: “We now need a transparent process, in which substantial questions about law, evidence and analysis receive substantial answers.”