London Daily

Focus on the big picture.
Saturday, Aug 15, 2026

Nicola Sturgeon says gender reform row will go to court

Nicola Sturgeon says gender reform row will go to court

The row over Scotland's gender reforms will "inevitably" end up in court, the country's first minister has said.

Nicola Sturgeon was speaking as the UK government formally moved to block the legislation that was passed by the Scottish Parliament last month.

The reforms are intended to make it easier for trans people to change their legally-recognised sex.

But the UK government says the changes could impact on equality laws that apply across Great Britain.

Scottish Secretary Alister Jack is to use a Section 35 order to prevent the Gender Recognition Reform (Scotland) Bill from gaining royal assent - the first time this has been done since the Scottish Parliament was created in 1999.

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

Mr Jack told the Commons the reforms would have an adverse impact on single sex clubs, associations and schools and protections such as equal pay.

And he said having different processes across the UK would create "significant complications" and could lead to "more fraudulent or bad faith applications".

Ms Sturgeon told BBC political editor Chris Mason that Mr Jack was making a "profound mistake" and accused him of launching a "direct attack on the institution of the Scottish Parliament".

She said it would "inevitably end up in court" and that the Scottish government would "vigorously defend this legislation".

The first minister added: "In doing so we will be vigorously defending something else, and that is the institution of the Scottish Parliament and the ability of MSPs, democratically elected, to legislate in areas of our competence.

"In short, we'll be defending Scottish democracy".

Ms Sturgeon said the legislation would not automatically go to the Supreme Court, as would have happened if the UK government had used another section of the Scotland Act to challenge it.

So the Scottish government is instead likely to seek a judicial review of Mr Jack's decision at the Court of Session in Edinburgh.

The first minister also accused the UK government of attempting to stoke a "culture war" over the issue, and of being "increasingly hostile to the Scottish Parliament".

Ms Sturgeon added: "This is not the first attack on the Scottish Parliament we've seen, but it is the most serious to date".

Mr Jack said he was not making the Section 35 order lightly, and acknowledged it was a "significant decision".

But he said the mechanism had been put in place by the architects of devolution for good reason, with Donald Dewar - Scotland's inaugural first minister - describing it as a "sensible measure to ensure that devolved legislation does not have adverse impacts on reserved matters".

Mr Jack added: "We should be clear that this is absolutely not about the UK government being able to veto Scottish Parliament legislation whenever it chooses as some have implied.

"The power can only be exercised on specific grounds and the fact that this is the first time it has been necessary to exercise the power in almost 25 years of devolution emphasises that is not a power to be used lightly".

The UK government has published a full statement of reasons alongside the order which it says sets out in full the adverse effects it is concerned about.

Mark Drakeford, the Welsh first minister, condemned the UK government's move as a "very dangerous precedent" for devolution.

Mr Drakeford has said he would like to introduce similar gender recognition reforms to Scotland, but the Senedd does not have the powers to pass such legislation.

Earlier on Tuesday, the UK government's education secretary denied being at odds with the prime minister over gender recognition policy after appearing to suggest 16-year-olds are old enough to change their legal sex.

Gillian Keegan appeared to quickly row back on remarks - made as she toured broadcast studios on Tuesday - in which she seemed to indicate that young people could be mature enough at 16 to make the decision.

The lowering of the age from 18 to 16 has been one of the most controversial aspects of the Scottish reforms, with both Rishi Sunak and Labour leader Keir Starmer saying they have concerns about it.

When asked by Sky News on whether she thought 16 was too young, Ms Keegan replied: "No I don't actually. I was working at 16, I was paying tax at 16, I was making decisions for myself at 16."

In a subsequent interview with ITV's Good Morning Britain, she said she does not have a "strong opinion" and was referring to the fact she "felt able to take decisions for myself at 16".

Scottish Labour backed the lowering of the minimum age, with the party's MSP Monica Lennon criticising Mr Starmer's concerns as "unhelpful and ill informed", adding: "I don't think Keir Starmer can comment with the same insight as us.

"He didn't sit in the committee, he didn't sit in our chamber, he didn't have a vote and he didn't follow the evidence like we did."


What are the gender reforms?
Opponents of the reforms are concerned about their potential impact on legal protections for women


The Gender Recognition Bill was passed by 86 votes to 39 in the Scottish Parliament last month, and is intended to streamline the process in Scotland for changing someone's legally recognised sex.

The reforms have been highly controversial, with several SNP backbenchers voting against the bill and Ash Regan quitting as community safety minister in protest.

The bill would lower the age that people can apply for a gender recognition certificate (GRC) - a document confirming a change of someone's legal sex - from 18 to 16.

It would also remove the need for a medical diagnosis of gender dysphoria, with applicants only needing to have lived as their acquired sex for three months rather than two years - or six months if they are aged 16 or 17.

Trans campaigners welcomed the reforms, but critics of the plans are worried that allowing anyone to "self-identify" as a woman could affect women's rights and access to single-sex spaces like refuges and changing rooms.

Scottish Labour, who supported the bill at Holyrood, called on Scottish and UK ministers to find a solution to the impasse.

Shadow Scottish Secretary Ian Murray has accused both governments of attempting to "break" devolution and argued that "trans rights and women's rights should not be used as an excuse for SNP-Tory attrition warfare".


Nicola Sturgeon says the UK government is ‘stoking a culture war’ over gender reform bill

Alister Jack says gender reform bill was blocked to protect women's safe spaces


Newsletter

Related Articles

0:00
0:00
Close
UK and Finland Discuss European Defence and Continued Support for Ukraine
Nigel Farage Wins Clacton By-Election to Return to the House of Commons
UK Government Deploys Military to Help Fight Wildfires and Bans Disposable Barbecues
UK Records Hottest Day of the Year as Fifth Summer Heatwave Peaks in Southern England
UK Condemns Houthi Actions and Warns of Red Sea Threat to Global Trade
UK and Solomon Islands Open Wildlife Photography Exhibition in Honiara
UK Small Businesses Face Continued Cash Flow and Tax Pressures
Greatham Marsh Restoration Restores Tidal Wetland in Hartlepool After More Than 200 Years
UK Health Regulator Urges University Students to Check Meningitis and Measles Vaccination Status
Mining Remediation Authority Completes Major Ground Stabilization Works in Scottish Community
UK Food Crime Investigators Seize 33 Tonnes of Illegal Food in Multi-Agency Operation
Technical Qualification Uptake Hits Record High as Advanced Mathematics Results Improve
UK Summer Temperatures on Course to Challenge Long-Standing Records, Met Office Says
UK Farmers Bring Forward Cereal Harvests as Drought Threatens Yields
Wildfires Surge Across England and Wales as Fire Chiefs Report Record July
UK Nurses Warn of Heat Risks as Hospital Staff Struggle With Extreme Temperatures
Southern Water Seeks Drought Order for Hampshire and Isle of Wight Amid Water Shortages
UK Heatwave Pushes West London Temperature to 38.1 Degrees as Health Alerts Continue
UK Economy Grows 0.4% in Second Quarter Despite Global Uncertainty
China’s Kimi Launches AI-Focused Credit Card With Agricultural Bank of China and American Express
UK Residents Gather to Watch Rare Partial Solar Eclipse
Reform UK Deputy Leader Richard Tice Faces Criticism Over Legal Threat Against Guardian Journalist
Michael Forsyth Elected Speaker of the House of Lords
Cambridge Researchers Launch £20 Million Human Organoid Drug Testing Programme
Heathrow Loses European Passenger Traffic Lead to Istanbul Airport
Households Near New UK Electricity Pylons to Receive £250 Annual Energy Bill Discount
UK Government Estimates Zero-Hours Contract Ban Could Cost Employers Up to £3 Billion a Year
Robert Jenrick Leaves Conservatives for Reform UK in Major Parliamentary Defection
UK Police Chiefs Urge Government to Block Early Release of Andrew Harper Killers
UK Government Holds Emergency Cobra Meeting as Drought and Heatwave Raise Wildfire Risks
Former Labour Adviser Arrested on Suspicion of Spying for China Held Privileged Access as Top Party Donor
Turkish Parliament Passes Landmark Bill Granting Conditional Amnesty to Disarmed PKK Members
Donald Trump Warns FIFA Against Ousting Gianni Infantino Amid Revolt by Global Football Leaders
Jeff Bezos Joins Investor Group Closing In on $6 Billion Liverpool FC Stake
Police Conduct Cross-Border Raids Against Northern England Drug Network
Nicola Sturgeon Protested at Edinburgh Festival Fringe Event
Major UK Retail Chain Enters Administration With One Hundred Fifty-Four Stores Set to Close
Heathrow Renews Call for Runway Expansion After Losing Europe’s Busiest Airport Ranking
Government Condemns One Million Pound Thames Water Executive Bonus Amid Drought
NHS England Says More Than One Hundred Thousand Hepatitis C Patients Have Been Cured
UK Foreign Secretary Ed Miliband Calls for End to West Bank Settler Violence
UK Prepares for Deepest Partial Solar Eclipse Since Nineteen Ninety-Nine
UK Heatwave Triggers Amber Health Alerts as Economic Losses Reach Four Point Four Billion Pounds
UK Offers Electricity Bill Discounts to Communities Hosting New Power Infrastructure
Bank of England Expected to Hold Interest Rates at Three Point Seven Five Percent
UK Government Moves to Ban Subscription Traps and Misleading Retail Discounts
Andy Burnham Gives Councils New Powers to Block Betting and Vape Shops
UK Councils to Receive Sweeping Planning Powers to Ban New Vape and Betting Shops
Nicola Sturgeon Says She Has No Contact With Estranged Husband After SNP Embezzlement Case
Police Arrest Two Men After Aberdeenshire Defense Technology Office Break-In
×