The Gender Recognition Reform (Scotland) Bill was prevented from gaining Royal Assent and entering Scots law by a Section 35 order from Secretary of State for Scotland Alister Jack, who cited concerns it would impact UK-wide equality legislation.
Social Justice Secretary Shirley-Anne Somerville announced in parliament that the Scottish government will lodge a petition for judicial review of the Section 35 order, saying that the “unprecedented challenge” risks setting a “dangerous constitutional precedent”.
She told MSPs that the UK government did not request any amendments to the Bill during its nine-month passage through parliament, adding: “Our offers to work with the UK government on potential changes to the Bill have been refused outright by the Secretary of State, so legal challenge is our only reasonable means of resolving this situation.”
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