Scottish government to challenge Westminster block on GRR

[Janie143]

https://www.bbc.co.uk/news/uk-scotland-scotland-politics-65249431 Good let's get this settled once and for all. Useful side effect to stop Welsh Assembly attempting the same.

MSM just have to re-run one or two pics of Isla Bryson across the UK and it's all over bar the shouting. Well done Yousless, thanks for your efforts

Great, more sunlight and more Isla Bryson in his pink leggings.

I think this is also interesting. Last week in a Scottish Court a 21 year old was not given a custodial sentence for raping a 13 year old when he was 17 after following Scottish Sentencing Council's Guidelines. The guidelines link to a paper about the cognitive development of adolescents and this is part of the executive summary:

"During adolescence and within normal individual development, an imbalanced growth pattern is observed between the brain regions governing emotion and mood, like the amygdala, and those involved in executive functions (those that provide the cognitive abilities which are necessary for prosocial behaviour, successful goal planning and achievement), like the prefrontal cortex. Converging findings suggest that this latter brain region is the last to reach maturity, leaving adolescents with immature and compromised core cognitive abilities for much of this developmental period. This immaturity, when coupled with the increased motivation to achieve rewards observed to coincide with puberty, is thought to be the most likely underlying mechanism contributing to the poor problem solving, poor information processing, poor decision making and risk-taking behaviours often considered to typify adolescence. Evidence suggests that the influence, or presence, of peers further exacerbates these tendencies."

The Scottish GRR however suggests that a 16 year old has the cognitive development to make a decision about gender reassignment (a lifelong decision according to their proposal).

Being reported on Radion 4 World at One now

Radio!

So should they be able to vote, marry or drive? Wasn't Nicola Sturgeon very keen on giving 16 year olds the vote?

They are looking into whether they should be allowed to be councillors or MSP at 16 too.

Which tells you everything you need to know about what the powers that be think is needed to do their own job

Lol but of course they are

This is going to be interesting...

This is going to require a lot of popcorn

The SNP position on this is a mess, it contradicts itself (the 17 year old who can't be help truly responsible for his very serious crime because he's not mature enough yet could change gender and commence life changing treatments...nope, no contradiction there), and it's very unpopular with the public as a whole. The fragrant Isla in pink leggings plastered over every newspaper has made it exceptionally clear to everyone what this really means and most people are not up for it.

Minimal chance of success, more litigation done for show than real purpose.

Perhaps the only benefit to the SNP will be to say "we can't do this because of Westminster" as opposed to the more realistic "we shouldn't do this because it tramples on the sex based rights of women in the rest of the U.K.".

There may not be enough pop corn in the world for this

Just proof, as if it was ever needed, that the SNP is under the control of the trans lobby.

With the public so anti this proposed law there is no good reason for HJ to be spending public money on this.

The more debate and the more light thrown on what is actually going on - the better!

(If the anti-women's-rights side do have have winning arguments - it would be good to hear these. I've not heard any yet but am willing to listen.)

I'd put money on this being down to the Greens. They will have threatened to withdraw their support in the Scottish Parliament if the block was not challenged.

Interesting to see what happens. The reasons for S35 included:

16 Jan 22
"I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation"

And

"The Bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action."

www.gov.uk/government/news/gender-recognition-reform-scotland-bill-statement-from-alister-jack

Shona Robison to Baroness Falkner 21 Feb 22:

"If you are calling for changes to the Equality Act 2010, which covers “sex” and “gender reassignment” as protected characteristics, that would be an issue for the UK Government, as that legislation is largely reserved."

www.parliament.scot/chamber-and-committees/committees/current-and-previous-committees/session-6-equalities-human-rights-and-civil-justice-committee/correspondence/2022/ehrc-position-on-reform-of-the-gender-recognition-act-2004

That is the only possible reason. The SNP are not entirely stupid and know this challenge is doomed to fail, but they have to say they at least tried to keep Harvie et al onside.

I hope that the UK Government starts with a principled constitutional defence and then puts the challenge of sex and gender in that context.

Otherwise this will be a little fishing exercise by the Scottish Government as to what changes or guarantees they would need to make self ID work in Scotland. That possibility, of litigating to see what the Supreme Court would say was permissible seems worrying, but I think the Supreme Court aren't stupid and won't get into a policy discussion. Though I can see it's an aim for the Scottish Government that this happens and they have tried this multiple times before.

The MailOnline has rediscovered 'transgender paedophile' Dolatowski today, hanging it on the hook of him praising Sturgeon.

https://www.dailymail.co.uk/news/article-11963579/Transgender-paedophile-calls-Nicola-Sturgeon-great-Minister.html

Is the Scottish Government fighting because if they do not define and defend their right to enact their own laws it is a disaster for Scottish independence OR because it is this specific act? Surely it is just coincidence and it is disastrous that it is this act that tests the law (when it is so important it is overthrown) or have I misunderstood? (Words of one syllable please!)

great. bring it on.

Hopefully it will increase consideration and action by the UK Government on the issue of sex being biological sex within the EA2010 - as doing that changes the relationship between a gender reform act and the EA2010. It might even prompt discussion of the GRA2004

Following on from the 21 year old not being convicted of rape because of brain development in the under 25's, how do said under 25's suddenly gain the capacity to go through hormone treatment and surgery. Not saying 25 is the right age but this will put more sunlight on consideration of when young people can make life changing decisions.

Better reporting from the BBC than we're used to. Second sentence in the article makes it clear this law is for everyone, not just people with gender dysphoria, and it's about sex, not 'gender':

The proposals, which would allow people in Scotland to self-identify their sex, were passed by the Scottish Parliament in December last year.

Then near the end making it clear that it's about everyone being able to choose their legally recognised sex (including rapists like Isla Bryson):

The reforms are intended to make it easier for people to change their legally-recognised sex by doing away with the need for a medical diagnosis of gender dysphoria - a sense of unease that a person may have because of a mismatch between their biological sex and their gender identity.

Applicants for a gender recognition certificate would need to have lived in their acquired gender for three months rather than the current two years.

I'm hopeful that someone will eventually explain how someone 'lives in their acquired gender'. And what a gender identity is.

Just proof, as if it was ever needed, that the SNP is under the control of the trans lobby.

Via the green party. The unelected tail is very much wagging the dog in Scotland

And if we'd had a Labour government in Westminster, there are a lot of indicators that they would not have issued an S35 and that the whole of the UK would now have self-ID for ages 16+