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Highland MSP says Scottish government should not appeal against gender ruling


By Rachel Smart

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Kate Forbes. Picture: Callum Mackay..
Kate Forbes. Picture: Callum Mackay..

A Highland MSP has urged the Scottish government not to appeal a court decision to uphold the UK government's block on gender reform.

Kate Forbes MSP for Skye, Lochaber & Badenoch took to X, formerly Twitter to give her views on the Gender Recognition (Reform) Bill.

The legislation making it easier for people to change their legally-recognised sex was passed by MSPs last December.

It then became a constitutional dispute in January when the UK government took the unprecedented step of using a Section 35 order to stop the bill from receiving royal assent and becoming law.

On Friday, Scotland’s highest civil court ruled that the UK government acted lawfully in blocking Holyrood's controversial gender reform bill.

Ms Forbes said politicians should work to "heal divisions not exacerbate them" and that "priority should now be to give security and clarity to trans people and to women and girls."

She said: "I previously argued that Scot Gov shouldn’t contest S35 unless there was a [very] high chance of success. A loss for Scot Gov would [obviously] absorb public funds but could also embolden future UK Govs to interfere in devolution, which no party of independence wishes to see.

"Most worrying, it has created a period of great uncertainty and fear for trans people and women and girls, deepening already bitter divisions. All politicians should think [very] carefully - next steps in this process must heal divisions not exacerbate them. That means listening

"The priority should now be to give security & clarity to trans people & to women & girls. I urge the [government] not to prolong the legal battle further. I have confidence in our citizens & democratic processes to safeguard rights of everybody in a reformed Bill if we listen to all."

If the Scottish government now decides to appeal against the ruling, the case could ultimately end up in the Supreme Court in London.

The legislation received cross-party support in Holyrood, passing by 88 votes to 33.

Ms Forbes spoke about her experience of backlash earlier this year when she was in the running for SNP leadership, due to her religious beliefs and stances on gay marriage and abortion.


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