Protests Outside Downing Street After Scottish GRR Blocked
Protesters gathered outside of Number 10 Downing Street, the residence of Prime Minister Rishi Sunak, earlier this week to oppose the controversial s.35 Order issued by the UK Government this week against the Scottish Gender Recognition Reform Bill.
The Bill, passed in late December by an overwhelming majority of the Scottish Parliament, seeks to update the process by which trans people can obtain a Gender Recognition Certificate - a GRC - with which to update their legal documents such as passports, marriage licenses, and death certificates. Currently, a GRC requires people over the age of 18 to have a diagnosis of gender dysphoria, and have “lived as [their] acquired gender” for 24 months. The proposals, introduced by Nicola Sturgeon’s SNP Administration, would drop the age to 16, remove the requirement for a medical diagnosis, and require applicants to live as their identified gender for 3 months (or 6 months for under-18s).
London Trans Pride organised the protest against the issuance of a s.35 Order under the Scotland Act 1998 by Secretary of State for Scotland Alister Jack, blocking the Bill from receiving Royal Assent and passing into law. The crowd gathered opposite Number 10, the traditional home of the UK Prime Minister, with banners and placards calling for the Bill to be allowed to pass into law.
Government spokespeople, and the full body of the s.35 Order, say that the Government is intervening over concerns that the Bill could affect UK-wide legislation - namely the Equality Act 2010 - if it proceeded with Royal Assent. They believe it could affect the operation of single-sex spaces in the UK, although supporters of the Bill point to the fact that currently, a GRC is not required to access single-sex spaces anywhere in the UK. The issue is likely to go to the Supreme Court - potentially the European Court of Human Rights - as the Sturgeon Administration prepares the legal response to strike down the Order and allow the Bill to be presented to the King.
Tate Smith, a public speaker and activist for trans rights, was at the protest and said: "I chose to attend the protest at Downing Street because I spent two days in deep sadness and anger and I wanted to challenge that into action. By standing with my trans siblings outside Downing Street I sent a clear message that my identity and those of my Scottish and international siblings visiting the UK cannot be erased. I am deeply concerned for my rights and the implications triggering Section 35 may have on my own journey to obtaining a GRC in the UK and I feel like I don’t have the mental capacity to even celebrate the proposed announcement of the conversion therapy ban including trans people. Fortunately, I was surrounded by love and solidarity at the protest and the power that gave me has fuelled me to keep fighting for my rights and speaking up for Scotland."
Nadia Whittome, a Labour MP told the rally: “It’s not legal concerns that are behind this order, it’s bigotry.” “The trans community is not collateral damage, trans rights are not a side issue, and trans people deserve a government that stands on their side.” She pointed out that trans women without gender recognition certificates use women’s bathrooms “every day… and cis women are not harmed by this.”
A legal challenge is expected in the coming weeks.
