Controversial law allowing teens as young as 16 to legally change gender passed in Scottish Parliament

22 December 2022, 15:10 | Updated: 22 December 2022, 19:44

A controversial law allowing people as young as 16 to legally change their gender has been passed by the Scottish Parliament.

The plans were criticised for how young people can legally have their gender changed, with opponents saying it could put them on a path to medical treatment that is irreversible.

But its supporters say it is an important step for trans rights and that nobody transitions on a "whim".

The Gender Recognition Reform (Scotland) Bill removes the requirement for medical diagnosis of gender dysphoria to receive a gender recognition certificate (GRC).

The legislation also lowers the minimum age for applicants to 16, and drops the time required for applicants to live in their acquired gender from two years to three months (or six for 16 and 17-year-olds).

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It also adds a three-month "reflection period" before a gender recognition certificate is issued.

The bill proved controversial, causing rifts in the Scottish National Party (SNP), which saw its biggest rebellion in the history of the nation's parliament.

SNP minister Ash Reagan resigned in order to oppose the bill, and high-profile MP Joanna Cherry clashed with Nicola Sturgeon, having said party colleagues were 'scared to speak out' about gender reform ahead of the vote.

There have also been internal divisions over the bill in Scottish Labour and the Scottish Conservatives, and protests were held outside the parliament.

The parliament was suspended after a protest during the final speech before the vote, and earlier a woman had shouted 'no one is listening to women'.

The bill finally passed this afternoon 86 to 39 in favour to loud applause from the gallery, with Scottish Labour and the Scottish Lib Dems supporting the bill with the majority of SNP/Green MSPs.

Speaking in the final debate on it today, Social Justice Secretary Shona Robison said: “Every party in this chamber except one made a clear commitment to the reforms set out in this Bill at the last Scottish election, and at the one before that it was all parties.

“Trans rights are not in competition with women’s rights, and as so often before, we can improve things for everyone when those discriminated against act as allies, not opponents.”

Scottish Tory MSP Rachael Hamilton said the Bill showed "Parliament at its worst”, adding: “In the rush to make the process a little easier for trans people, the Government is making it easier for criminal men to attack women. That’s the problem here.”

But Labour’s Pam Duncan-Glancy said it gives parliamentarians “one of those rare moments… where we all have a real opportunity to improve lives and directly tackle inequality”.

The Glasgow MSP said it will help “society to accept them (trans people) and to support them to be their best selves, without barriers or additional costs or medicalisation”.