Humza Yousaf has been dealt a fresh blow by the Court of Session after a judge ruled the UK Government did have the power to block controversial gender reforms.In a written statement issued today, Lady Haldane dismissed a challenge lodged by SNP ministers in April.
The legal row began when the Scottish Parliament passed the Gender Recognition Reform (GRR) Act with cross-party support in December last year.The legislation was aimed at making it easier for Scots to change their legally recognised gender.But it was blocked from becoming law after Alister Jack, the Scottish Secretary, issued a rare Section 35 order in January.The Tory minister claimed the gender reforms were incompatible with UK-wide equality laws - an argument furiously rejected by the Scottish Government.
Nicola Sturgeon, the then first minister, described Jack's decision as an assault on devolution.Yousaf pledged to fight the use of the Section 35 order in court despite misgivings from some in his party.In her ruling, Lady Haldane, said: "The challenge to the order pronounced under section 35 of the 1998 Act, laid on January 17 2023, fails."Campaigners against GRR had warned the legislation could risk the safety of women and girls.Its supporters argued it would make the process easier, removing barriers such as seeking a doctor’s diagnosis of gender dysphoria.Lord Advocate Dorothy Bain, who represented the Scottish Government in court, had argued during the hearings that Alister Jack used a Section 35 order because of a “policy disagreement”.She also claimed order was “unlawful” and was “inconsistent with the constitutional principles” of the UK, effectively preventing Holyrood from passing laws the UK Government did not agree with.David Johnston KC,
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