The Gender Recognition Act 2004 allows a transgender person to change their legally recognised gender. This consultation seeks views on whether and how the Gender Recognition Act 2004 should be amended in relation to the law in Scotland .It covers establishing new arrangements for dealing with applications for legal gender recognition, the minimum age at which applications for gender recognition could be made and related matters.
Why The Consulting?In the Fairer Scotland Action Plan, the Scottish Government committed to ‘review and reform gender recognition law so it is in line with international best practice for people who are transgender or intersex’.The Government has decided that because people with intersex variations face issues that are distinct from those experienced by transgender people, we should consult separately on each set of issues. We will publish a consultation later this year seeking views about how we should address the issues experienced by intersex people/people with variations of sex characteristics.Consultation is an essential part of the policy-making process. We will use the views expressed in response to this consultation to help inform the Government’s decisions about further action.The consultation goes on to ask about different changes to the act that will affect transgender people over the age of 16. It states:“ The Scottish Government considers that people aged 16 or older should be able to apply for legal recognition of their acquired gender using the proposed self declaration process.4.05. There is clear evidence that people aged 16 do live full time in their acquired gender and want this to be legally recognised. For example, the Women and Equalities Select Committee heard evidence from LGBT Youth Scotland to this effect. In the Republic of Ireland, 8 people aged 16 and 17 have received a GRC31 after obtaining a court order permitting them to apply under their self-declaration system. The court in the Republic of Ireland is required to consider evidence about the young person’s transition to their acquired gender. “
“I’m a lesbian woman who is also a mother who fears for the generations of girls (and boys) coming after me. Will they even have a choice in life to choose to love their own sexual preference? Not if transgenderism becomes the only explanation for boys wanting to play with dolls (nurture behaviour) or girls wanting to play football (competitive behaviour).”
“If a woman wants to discreetly change into her swimsuit then it doesn’t matter what is in her pants, but if someone wants to gratuitously take advantage of that situation to get some sort of cheap thrill then it still doesn’t matter what is in their pants. He or she would be papped oot the club.”
“Extremism isn’t something that should be mistaken for rational thought with passion.”