Bloody hell I just went into the Scottish govt website to respond to their consultation. They seem to be full on lemming in their approach. Some of the questions made me consider new horrors I hadn’t even imagined. Such as should a gender reassignment cease to be a valid cause for divorce. Meaning you could find yourself as a woman in a marriage to a “woman” against your will. WTF.
Yes I was apalled at this.
It means any woman who wants a divorce because her husband transitions (or vice versa) either has to wait for 2 years (or 5 if he doesn't consent to divorce), or has to cite unreasonable behaviour. Part of the public sector equality duty is to foster or encourage good relations between people who share a protected characteristic and those who don't. This proposal directly contradicts this duty by removing a simple no-fault way of ending such a marriage.
If you have been legally declared 'husband and wife' and you are suddenly expected to be 'wife and wife' that is surely a breach of contract and there should be a quick and easy way out.
I'm going to spend some time on the Scottish consultation over the next few days. It's open to everybody, not just those in Scotland, and I suspect the UK government are waiting to see how the Scottish consultation goes before they decide what their next move on this will be.