Nicola Sturgeon’s Imprudent Transit Law

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Now that her controversial bill has passed to allow people under the age of 16 to “self-declare” their gender by MSPs, Nicola Sturgeon might think she’s making her mark as a social good. However, far from being hailed as a welcome change in the law, the first minister’s Gender Recognition (Scotland) Reform Bill is problematic legislation that was fiercely contested in the agonizing Three Days of Holyrood showdown.

Author JK Rowling was a high-profile dissident, but many other women – including an SNP minister who resigned over the issue – worried it would hurt women and girls. It is also likely that gender recognition certificates issued in Scotland are only valid north of the border; Kemi Badenoch, the UK’s women and equalities minister, has written to Ms Sturgeon urging her to withdraw the reform.

This situation resulted from the first minister’s refusal to endorse the UK approach. Indeed, it offers no adequate explanation for choosing a unilateral path, leading to the conclusion that it is just another stick with which to beat the UK government, at a time when support for another independence referendum is still low. Her rush to get the bill through Holyrood was also a mystery when she had nothing by way of worthwhile legislation up her sleeve.

The Scottish Conservatives were vindicated using parliamentary guerrilla tactics to try to delay the bill. Labour’s flogging vote in favor of the legislation ignominiously helped get it passed. Alastair Jack, the Scottish minister, said the UK government was now considering whether to ban it. It’s an approach he should seriously consider.

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