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The law set Scotland apart from the rest of the UK, where the minimum age is 18 and requires a medical examination.
The British central government suspended the law, requesting for the first time a part of the 25-year-old Scottish parliament’s authority over many of its own affairs. Section 35 gives the British authorities the power to prevent the implementation of measures that interfere with matters reserved for the central government.
The decision highlights the contradictions in the constitution that gives power over many aspects of everyday life to “devolved” authorities in Scotland, Wales and Northern Ireland, while preserving the control of affairs. of the country and things about England for the British government at Westminster.
Dissatisfaction with the continued role of the United Kingdom in Scotland has fueled the independence of the country. The Scottish parliament, based in the Holyrood constituency of Edinburgh, is controlled by the pro-independence Scottish National Party.
“Today’s court has proven without a doubt that the dismissal of the law is completely wrong.” Scotland’s First Minister Humza Yousaf said in a post on X, first Twitter. “The courts have confirmed that laws passed by a majority in Holyrood can be struck down by Westminster.”
Yousaf says he will respect the court.
The controversy began earlier this year when Scottish lawmakers overwhelmingly approved the Gender Equality Bill by a vote of 86-39.
But the British government prevented the bill from receiving royal assent – the last step before the bill becomes law. The Scottish Secretary, Alister Jack, said at the time that he was concerned the bill conflicted with “Great Britain-wide equalities law” which ensures women and girls have access to solitary confinement. such as changing rooms and houses.
Scottish officials challenged the central government’s move, arguing that they interfered with Scotland’s right to self-government.
The Court of Session disagreed.
“Section 35 has no effect on the separation of powers or other fundamental principles,” said Judge Shona Haldane in her decision. “But he’s still part of the foundation.”
Regardless of the principle, the decision disappointed rights activists who supported self-identification for changes in gender identity.
“Sadly, this means a lot of uncertainty for trans people in Scotland, who will now have to wait to see if they will be able to legally recognize their gender through a practices in line with leading nations such as Ireland, Canada and New Zealand. ,” the LGBTQ + rights group Stonewall said in a statement.
The Scottish government says the legal change will improve the lives of transgender people by making it easier for them to obtain documents matching their gender.
Opponents say it is dangerous to allow male farmers access to women’s facilities, such as shelters for victims of domestic abuse. Others argue that the minimum age for conversion should remain at 18.