Sunak vetoes transgender law in Scotland, breaks tradition of non-interference

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UK Prime Minister Rishi Sunak on Monday defied the Scottish government by barring a transgender rights bill passed by the country’s parliament. This was the first time a British prime minister had used that prerogative since it was established 25 years ago.

The law in question, passed last month, simplifies the bureaucracy related to legal gender reassignment in Scotland. Among the changes she proposed was the lowering of the minimum age for performing the procedure, from 18 years to 16 years, and the removal of the requirement for a medical diagnosis to perform it —citizens only needed to request the gender reassignment certificate, with legal status, so he could issue a new birth certificate, for example.

For London, however, the Edinburgh directive strayed too far from legislation relating to transgender issues in force in the rest of the territory. “After thorough and careful consideration of all views and their policy implications, I express concern that this Act will have an adverse impact on the functioning of UK equality law,” said Alister Jack, UK Minister for Scotland.

The veto had been condemned by the Prime Minister of Scotland, Nicola Sturgeon, even before its confirmation. “If there is one decision to oppose here, it is to use transgender people, one of the most stigmatized groups in our society, as a political weapon,” she said, adding that the act was indefensible and “quite shameful”.

Some of the critics of the new Scottish law say it would make it easier for sexual predators to access spaces aimed at women and girls, such as women’s toilets. Others say that 16 is not old enough for a change of this magnitude – the last argument was echoed by the leader of the opposition, Keir Stamer, on Sunday (15), in an interview with the BBC.

Sunak referred to these judgments when he spoke on the matter on Monday. “It’s completely reasonable that the British government should take a look at this, understand its consequences for the safety of women and children in the rest of the UK, and then decide what the appropriate course of action is.”

The imbroglio is yet another erosion in the relationship between the government of Scotland and the United Kingdom to which it obeys – the head of government of Scotland is the British prime minister (Sunak), and the head of state, the British monarch (Charles 3rd). The country is still subject to the British Parliament in areas such as foreign trade, defense and economic and monetary policy, although it has freedom to decide on health, education and transport, in addition to having some powers over tax and social benefits.

Sturgeon is one of the biggest supporters of Edinburgh’s independence, a fight that gained traction with Brexit – the goal would be to become an autonomous member state of the European Union. The prime minister even announced plans to hold a new plebiscite last year, but was given cold water by the Supreme Court of the United Kingdom, which ruled that her country has no right to hold a new public consultation of the type without the consent of the British Parliament.

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