London Daily

Focus on the big picture.
Wednesday, Apr 08, 2026

Block on Scottish gender reforms to be challenged in court

Block on Scottish gender reforms to be challenged in court

The Scottish government is to launch a legal challenge to Westminster's block on its controversial gender reforms.

The proposals, which would allow people in Scotland to self-identify their sex, were passed by the Scottish Parliament in December last year.

But they were blocked by the UK government over their potential impact on UK-wide equality laws.

First Minister Humza Yousaf has previously described that move as an "undemocratic veto".

He was the only one of the three candidates in the SNP leadership contest who backed taking legal action in an attempt to overturn the block.

His predecessor, Nicola Sturgeon, had described the block as a "full-frontal attack on our democratically-elected Scottish Parliament" and said that legal action was inevitable.

Shirley-Anne Somerville, Scotland's social justice secretary, said the Gender Recognition Reform (Scotland) Bill had been passed by an "overwhelming majority of the Scottish Parliament, with support from members of all parties".

She said the block by the UK government was an "unprecedented challenge to the Scottish Parliament's ability to legislate on clearly devolved matters".

Ms Somerville added: "To uphold the democratic decision of the parliament, and ensure proper protection of devolution, Scottish ministers will now lodge a petition for judicial review of the secretary of state's decision.

She is expected to make a statement to the Scottish Parliament after the Easter break setting out details of her plans for a court challenge.

First Minister Humza Yousaf has described the block as undemocratic


Prime Minister Rishi Sunak defended the UK government's decision to block the gender recognition reforms, saying it had been based on "very careful and considered advice".

He added: "We had concerns about how Scotland's gender recognition act would interact with reserved powers, about the operation of the Equalities Act, the protection of women elsewhere in the UK as well.

"Obviously there's a court process, we will follow that through."

The gender reforms have been divisive within the SNP, with another of the leadership candidates, Ash Regan, resigning from the government last year over her fears about their impact on safeguards for women and girls.

A recent opinion poll by Panelbase for the Sunday Times suggested that 18% of Scottish voters think Mr Yousaf should launch a legal challenge, while 44% said that he should abandon the reforms and 24% believed a compromise should be found with the UK government.

Shortly after the reforms were passed, double rapist Isla Bryson - who changed gender after being arrested for attacking two women - was remanded to a women's jail.

Bryson was subsequently moved to a male prison after the case sparked widespread anger. Ministers insisted the new legislation had no impact on the decision about where Bryson was held.

Scottish Conservative deputy leader Meghan Gallacher claimed that the legal challenge was a "painfully transparent attempt by Humza Yousaf to divert attention from the civil war engulfing the SNP and the huge question marks over the party's finances".

But the Scottish Greens, who have a power sharing agreement with the SNP, said the move was "vital for equality and democracy".

Mr Yousaf has previously said he would only launch a court challenge to the UK government's block if he was given legal advice that it stood a chance of succeeding.

But former Supreme Court judge Lord Hope has said the Scottish government's chances of winning a court case are "very low".

The former deputy president of the Supreme Court said the Scottish legislation "most certainly does" impact on the Equality Act 2010 and the existing Gender Recognition Act 2004, which currently apply across Great Britain.

And he said it was difficult to see how a court would not agree that Scottish Secretary Alister Jack had "acted reasonably" in blocking the reforms through the use of a Section 35 order.

The Scottish secretary is able to use a Section 35 to block legislation passed by Holyrood if he believes it would have a detrimental impact on areas that are reserved to Westminster.

It is the first time a Section 35 has been used since the Scottish Parliament was created in 1999.

Former SNP minister Alex Neil told BBC Scotland earlier on Wednesday that "every lawyer I have spoken to has told me we don't have a cat in hell's chance of winning" a legal battle.

He said Mr Yousaf should instead focus on reintroducing the legislation after its "deficiencies" had been addressed.

Opponents of the gender reforms are concerned about their potential impact on single-sex spaces and other protections for women and girls


Susan Smith, co-director of the For Women Scotland group - which opposes the gender self-identification reforms - said Mr Yousaf was "remarkably foolish" to take legal action over legislation that is "wildly unpopular".

She added: "It is widely predicted that they will lose, so it seems like an incredible waste of everybody's time and money to go through this when there are other really pressing matters".

However, the announcement of a legal challenge was welcomed by Vic Valentine, the manager of Scottish Trans, who said the UK government's block was "unacceptable".

They added: "Other countries all over the world have introduced similar laws, with the only impact being a positive one."

Colin Macfarlane, the director of nations at Stonewall, said the UK government's "unprecedented" block had "made clear that they see trans people as a threat to be contained rather than people to be treated with dignity and respect".

The reforms are intended to make it easier for people to change their legally-recognised sex by doing away with the need for a medical diagnosis of gender dysphoria - a sense of unease that a person may have because of a mismatch between their biological sex and their gender identity.

Applicants for a gender recognition certificate would need to have lived in their acquired gender for three months rather than the current two years.

And the minimum age that someone can apply to change their sex will be cut from 18 to 16 - although 16 and 17-year-olds would need to have lived as their acquired gender for six months rather than three.

Newsletter

Related Articles

0:00
0:00
Close
UK Denies Visa to Kanye West After Sponsors Withdraw from Wireless Festival
Trump-Era Forest Service Restructuring Leads to Closure of UK Lab Focused on Kentucky Woodland Health
Foreign Students in the UK Describe Harsh Living Conditions and Financial Pressures
Reform UK Proposes Visa Restrictions on Nations Pursuing Reparations Claims
Public Reaction Divides Over UK Decision to Bar Kanye West
Calls Grow for UK to Review US Base Access Following Concerns Over Escalating Rhetoric
UK Indicates It Will Not Permit Use of Its Bases for Potential US Strikes on Iran’s Energy Infrastructure
UK Prime Minister Defends Decision to Bar Kanye West, Questions Festival Booking
UK Accelerates Efforts to Harmonise Medical Technology Rules with United States
Wireless Festival Cancelled After Kanye West Denied Entry to the United Kingdom
Australia’s most decorated living soldier was arrested at Sydney Airport and charged with five counts of war-crime murder for the killing of unarmed Afghan civilians
The CIA’s Secret Technology That Can Find You by Your Heartbeat Successfully Locates Downed Airman
Operation Europe: Trump Deploys Vance to Hungary to Save the EU
King Charles Faces Criticism From Some UK Christians Over Absence of Easter Message
Former UK Defence Secretary Raises Concerns Over Ability to Counter Iran Missile Threat
UK Signals Non-Involvement in Iran Conflict as Trump Reasserts Firm Deterrence Stance
US and UK Strengthen Medical Device Cooperation Following Tariff Removal
Trump Backs Steve Hilton for California Governor, Highlighting Reform Agenda
UK Seeks Closer Ties With Anthropic as AI Policy Divergence Emerges Across Atlantic
Experts Warn of Evolving Extremism After Teens Arrested in UK Ambulance Arson Case
UK Convenes Talks to Safeguard Shipping Through Strait of Hormuz After Conflict Escalation
Trump Highlights Strong Leadership in Critique of UK Stance on Iran
UK Authorities Review Kanye West’s Entry Status Following Festival Backlash
UK Considers Deploying Aircraft Carrier for US Independence Day Celebrations Amid Renewed Transatlantic Focus
United Kingdom Moves to Attract AI Firm Anthropic Amid Tensions with US Defense Officials
RAF Intercepts Iranian Drones in Middle East to Defend Allied Security Interests
Labour Signals Shift on Foie Gras and Fur Restrictions to Advance EU Trade Talks
Seven Arrested Near RAF Base as UK Authorities Respond to Protest Activity
Economic Pressures Mount as Analysts Warn UK Growth Is Being Constrained by Policy Burdens
UK Green Party’s Push for Church-State Separation Sparks Debate Over National Identity
Strategic Island Emerges as Growing Challenge for United States and United Kingdom Defense Planning
Pepsi Pulls Sponsorship from UK Festival Following Backlash Linked to Kanye West
Signs Emerge of Declining Enthusiasm for Social Media in the United Kingdom
Security Alert Raised Ahead of Meghan Markle’s Planned Visit to Australia
UK Food Halls Defy Hospitality Slowdown, Emerging as Bright Spot in Challenging Market
UK Sets Firm Conditions for Military Action, Insisting on Legal Mandate and Clear Strategy
UK Medicines Regulator Launches Probe into Peptide Clinics Over Health Claims
New North Sea Drilling Unlikely to Significantly Cut UK Gas Imports, Analysis Finds
Woman Linked to UK’s First All-Female Terror Plot Faces Deportation
Downed US Aircraft Over Iran Linked to Operations from UK Airfield
Two Men and Teen Detained in UK Following Attack on Jewish Charity Ambulance
UK Police Launch Inquiry After Firearms Left Unattended Outside Mayor’s Residence
Giuffre Family Calls on King Charles to Meet Epstein Survivors During US Visit
Amber Wind Warning Issued as Storm Dave Approaches Parts of the United Kingdom
Prince Harry and Meghan’s Australia Visit Set to Draw Heightened Global Attention
UK Considers Entry Fees for Overseas Visitors at Major Museums Ahead of 2026 Travel Season
UK Prime Minister and Kuwait Crown Prince Coordinate Security Response After Regional Escalation
Calls Grow to Expand Fully Paid Maternity Leave for UK Teachers Amid Workforce Pressures
UK Secures Tariff-Free Access to US Market in Landmark Pharmaceuticals Agreement
Trump Projects Strength in Critique of UK Leadership and Naval Readiness
×