Achi news desk-
MLAs passed the Gender Recognition Reform Bill (GRR) in December 2022 by 86 votes to 39 on a cross-party basis.
However, Scottish Secretary Alister Jack used powers given to him by the Scotland Act to prevent the law from receiving royal assent.
The legislation was meant to speed up and simplify the process for a trans person to obtain a gender recognition certificate and change their legal sex.
Under the current system, this takes at least two years, involves a medical diagnosis and is only available to people aged 18 and over.
The Holyrood Bill would have cut the waiting time to six months, removed the need for a medical diagnosis and lowered the age threshold to 16.
Mr Jack blocked it by using the first ever order under Section 35 of the Scotland Act 1998.
He argued that, although the subject in question was within Holyrood’s powers, the Bill would have a detrimental effect on the operation of equality law in the UK as a whole.
Humza Yousaf went to court to challenge the decision, but lost.
Scottish ministers then abandoned a potential appeal last December.
In an interview with Sky News, Mr Swinney said: “The reality of the situation we face is that the Supreme Court [sic] have said that we cannot legislate in that area.
“We cannot proceed with that legislation. I accept the rule of law and that is the position we are in, that we cannot proceed with that legislation.
“But I think the most important thing I can say is to LGBT people in our society, the Scottish Government is on their side, we have been on their side and we will be on their side in the years to come.”
Asked if he would abandon the GRR bill, he said: “We simply cannot go ahead with it. It’s unenforceable legislation, so we can’t go ahead with that.”
The comments come amid a row over the views of Kate Forbes, his Deputy First Minister.
Last night the SNP’s LGBTQ wing, Out For Independence said they would seek an urgent meeting with Mr Swinney and Ms Forbes.
The Scottish Greens have also criticized the appointment, claiming the government is taking Scotland “back to the 1950s.”
Speaking to journalists in parliament yesterday Ms Forbes insisted that she and the First Minister would ‘serve all communities in Scotland as we promote and develop the rights of all communities in Scotland”
