London Daily

Focus on the big picture.
Sunday, Jul 19, 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
Ukrainian Drone Barrage Kills Eight and Strikes Russian Logistics Network
Key Trends to Watch
Financial Conduct Authority Warns Cloud and Digital Risks Are Becoming a Financial Priority
Jeffrey Donaldson Appeals Sexual Abuse Conviction as Democratic Unionist Party Opens Review
Welsh Health Authorities Launch Emergency Meningitis Vaccination Programme for Students
Scottish Business Activity Falls for Third Month as Companies Face Rising Costs
Bank of England Regulators Demand Better Access to Digital Banking Services
United Kingdom Cuts Bilateral Aid to Several African Countries by Up to Ninety Per Cent
United Kingdom Introduces Tougher Deportation Rules After Rochdale Exploitation Scandal
NHS England Launches Wearable Technology Plan to Reduce Sepsis Deaths
Amazon Web Services Billing Error Sends Trillion-Dollar Invoices to British Companies
Bank of England Takes Direct Regulatory Role Over Major Global Cloud Providers
Extreme Summer Heat Drives Record Fire Risk and Rising Deaths Across Britain
United Kingdom Nationalisation of British Steel Sparks Diplomatic Dispute With China
United Kingdom Economy Shows Weak Growth Ahead of Major Autumn Budget
Andy Burnham Set to Become United Kingdom Prime Minister After Labour Leadership Victory
The Ten World Cup Finals That Defined Football History
Smartphones Are Getting More Expensive, Sales Are Collapsing, and Even Apple Admits: "Prices Will Rise"
The Monaco Bombing Has Become a Test of Ukraine’s Intelligence Accountability
Leadership Change and Strategic Rivalry Redraw the Political Map
Energy Risk, Uneven Growth and the New Geography of Global Capital
The AI Race Enters Its Infrastructure Era
Security and resilience remain long-term national priorities
Britain balances growth ambitions with public finance pressures
Regional devolution becomes a defining theme of the next Labour era
Industrial strategy returns to the centre of British economic policy
Political Instability Remains a Challenge for UK Investment Confidence
Brexit Economic Debate Continues as Public Concerns Over Long-Term Impact Remain
UK Climate Risks Rise as Met Office Warns Extreme Weather Is Becoming More Common
Housing Shortages and Regional Inequality Become Key Priorities Under Incoming Labour Leadership
National Health Service Reform Remains One of Britain’s Biggest Political Challenges
Bank of England Remains at Centre of UK Economic Debate Over Inflation and Growth
UK Economy Shows Recovery Signs but Households and Businesses Remain Under Pressure
Britain Deepens European Defence Cooperation as NATO Allies Seek Stronger Security Capabilities
United Kingdom Expands Sanctions Against Russian Cyber Networks Over Security Threats
UK Industrial Strategy Faces Test After Government Takes Control of British Steel
British Businesses Seek Policy Clarity as Andy Burnham Prepares to Lead Labour Government
Andy Burnham’s Labour Leadership Signals Major Shift Toward Regional Power and Devolution
British Steel Nationalisation Creates New UK-China Tensions Over Control of Strategic Industry
For 36 Years, He Scammed About 300 Luxury Hotels — Until He Was Caught
England's World Cup Exit Expected to Cost Hospitality and Retail £334 Million
Former ICC Prosecutor Aide Speaks Publicly About Allegations Against Karim Khan
Opposition Raises Questions Over June Heatwave Power Grid Pressures
Mastercard Explores Sale of Majority Stake in UK Payments Operator Vocalink
Boeing Forecasts Global Commercial Aircraft Fleet Will Double by 2045
London GP Surgeries Receive £18 Million to Expand Primary Care Capacity
Health Advisers Recommend Nationwide Meningitis B Vaccination for Teenagers
OECD Warns UK Economy Faces Slower Growth and Weak Productivity
Treasury Places Major Global Cloud Providers Under Direct Financial Oversight
Financial Markets Rally as Shabana Mahmood Emerges as Leading Treasury Candidate
×