Legal challenge to begin over UK Government’s gender reform block starts today at the Court of Session in Edinburgh
  • 7 months ago
Legal challenge to begin over UK Government’s gender reform block starts today at the Court of Session in Edinburgh.

Ladies from the Scottish Feminist network outside the Court of Session this morning ahead of Legal challenge to begin over UK Government’s gender reform block

Scotland’s highest court is set to hear the Scottish Government’s legal challenge against a decision by UK ministers to block controversial gender reform legislation.

The substantive hearing challenging the UK Government’s use of the Section 35 order of the Scotland Act – which prevented the Gender Recognition Reform (Scotland) Bill from gaining royal assent – will be held in Edinburgh’s Court of Session.

Judge Lady Haldane will preside over the full hearing, beginning on Tuesday, and running for three further consecutive days.

The Scottish Government will set out its argument first over the first day-and-a-half, with the UK Government set to present its response up to day three.

The challenge comes after Scottish Secretary Alister Jack utilised never-before-used powers of the Scotland Act – the legislation which established the Scottish Parliament – to halt the gender laws which sought to simplify the process for trans people to self-identify and obtain and gender recognition certificate.

First Minister Humza Yousaf confirmed the legal challenge in April, adding it was necessary to “defend the Scottish Parliament’s democracy from the Westminster veto”.

Prime Minister Rishi Sunak said at the time his ministers had taken “careful and considered” advice before blocking the legislation, with concerns around how it impacted the reserved Equalities Act.
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