Latest news with #GenderRecognitionAct
The Herald Scotland
6 days ago
- Politics
- The Herald Scotland
Harvie: Holyrood trans toilet ban may breach human rights
READ MORE: Has Holyrood misinterpreted the Supreme Court ruling on sex? MSPs express 'deep concern' over trans toilet ruling Holyrood adds gender-neutral toilets after sex ruling Mr Harvie is one of 17 MSPs to have signed an open letter criticising the recent change in policy. The letter—also signed by 30 staff members, most of whom work for MSPs—was organised by the Good Law Project. It described the new rules as 'transphobic', warning their implementation would be 'deeply invasive' and risk 'humiliation, harassment or worse'. During an urgent question at Holyrood, Mr Harvie cited former Supreme Court judge Lord Sumption, who has said that organisations are permitted—but not obliged—to exclude trans people from single-sex spaces. Mr Harvie told MSPs: 'In making the decision to take this exclusive, exclusionary approach, I am concerned that the SPCB is risking taking us back to the breach of human rights which existed prior to the creation of the Gender Recognition Act in 2004 and a position that just as little as 10 years ago was the obsession of the extremist fringe of the US Republican Party. "It is not enough to use words like inclusive experience and welcoming environment." He asked whether the corporate body recognised the impact the changes had already had on 'those who are being told that they are no longer permitted to use basic facilities like toilets on the same basis as everyone else, and who now feel unwelcome and demeaned in their own workplace'. Holyrood adopted the policy following the Supreme Court ruling (Image: Jane Barlow/PA Wire) Responding on behalf of the SPCB, SNP MSP Christine Grahame said it was 'rather unfortunate' that Mr Harvie had used such language, and insisted the corporate body had acted 'in a tolerant and sensitive manner, in a very delicate and balanced manner'. 'The Scottish Parliament has always sought to reflect the founding principles and to be an open, accessible institution to promote participation and equal opportunities,' she said. 'We remain deeply committed to these principles and to provide—I know you do not like this word—an inclusive environment where all, including those in the trans and non-binary community, feel supported and welcome to work and visit.' The changes, which came into effect earlier this month, follow the Supreme Court ruling that 'man' and 'woman' in the Equality Act 2010 refer to biological sex, not acquired gender. An interim update from the Equality and Human Rights Commission advised that in most workplaces and public-facing services, trans women should not be permitted to use female-only facilities, and vice versa. Under the new policy, all toilets and changing rooms marked 'male' or 'female' at Holyrood are now designated on the basis of biological sex. The Parliament has increased the number of gender-neutral facilities by redesignating three public toilets and two private facilities used by MSPs and staff. Ms Grahame said Parliament would not 'police' toilet use, but a complaints process was available. 'We are certainly not monitoring the use of public facilities,' she said. 'This is not going to be policed by the corporate body.' Several MSPs, including the SNP's Emma Roddick, questioned whether the decision had been made prematurely and whether it risked creating a hostile working environment. Ms Roddick asked: 'Does [the SPCB] recognise that this unexpected and surprising policy change has put [trans and non-binary staff] in an impossible situation and potentially a hostile working environment?' Ms Grahame replied: 'I certainly hope and expect that this will not put anyone in this Parliament in a hostile environment. That is not the culture within this building.' READ MORE Scottish Liberal Democrat leader Alex Cole-Hamilton asked that 'no parliamentary staff member will be put in the position of having to challenge a toilet user in the future'. Green MSP Lorna Slater asked how trans people would be expected to 'prove' their right to use a facility. 'Members in this chamber may be aware of the lively internet conspiracy that I myself am a trans woman,' she said. 'If a complaint is made about me using a woman's toilet, how does the SPCB expect me to demonstrate or prove my ability to use this toilet? Should I bring my birth certificate? Should I subject myself to a medical examination?' Ms Grahame replied: 'No one is asking anyone for any proof of anything, and I fully intend to use the gender neutral toilets myself.' Scottish Conservative MSP Russell Findlay said the discussion was a 'farcical waste of time'. 'The people of Scotland expect politicians to focus on what matters—rising household bills, their children's education, getting a GP appointment, fixing the roads, keeping communities safe—yet the priority for out-of-touch SNP, Labour, LibDem and Green MSPs is an urgent debate about the Holyrood toilets.' His colleague Craig Hoy questioned whether the decision had been unanimous, which would suggest Green MSP Maggie Chapman had 'both supported these measures and also wrote a letter in opposition to them'. Ms Grahame responded: 'Decisions by the corporate body do not ever go to a vote—they are made by consent.' A full consultation by the SPCB is expected later this year, once a revised statutory code from the Equality and Human Rights Commission has been finalised and approved by ministers.
The Herald Scotland
6 days ago
- Politics
- The Herald Scotland
Parliament defends 'inclusive' trans toilet ban after MSPs and staff complain
READ MORE: Has Holyrood misinterpreted the Supreme Court ruling on sex? MSPs express 'deep concern' over trans toilet ruling Holyrood adds gender-neutral toilets after sex ruling Mr Harvie is one of 17 MSPs to have signed an open letter criticising the recent change in policy. The letter—also signed by 30 staff members, most of whom work for MSPs—was organised by the Good Law Project. It described the new rules as 'transphobic', warning their implementation would be 'deeply invasive' and risk 'humiliation, harassment or worse'. During an urgent question at Holyrood, Mr Harvie cited former Supreme Court judge Lord Sumption, who has said that organisations are permitted—but not obliged—to exclude trans people from single-sex spaces. Mr Harvie told MSPs: 'In making the decision to take this exclusive, exclusionary approach, I am concerned that the SPCB is risking taking us back to the breach of human rights which existed prior to the creation of the Gender Recognition Act in 2004 and a position that just as little as 10 years ago was the obsession of the extremist fringe of the US Republican Party. "It is not enough to use words like inclusive experience and welcoming environment." He asked whether the corporate body recognised the impact the changes had already had on 'those who are being told that they are no longer permitted to use basic facilities like toilets on the same basis as everyone else, and who now feel unwelcome and demeaned in their own workplace'. Holyrood adopted the policy following the Supreme Court ruling (Image: Jane Barlow/PA Wire) Responding on behalf of the SPCB, SNP MSP Christine Grahame said it was 'rather unfortunate' that Mr Harvie had used such language, and insisted the corporate body had acted 'in a tolerant and sensitive manner, in a very delicate and balanced manner'. 'The Scottish Parliament has always sought to reflect the founding principles and to be an open, accessible institution to promote participation and equal opportunities,' she said. 'We remain deeply committed to these principles and to provide—I know you do not like this word—an inclusive environment where all, including those in the trans and non-binary community, feel supported and welcome to work and visit.' The changes, which came into effect earlier this month, follow the Supreme Court ruling that 'man' and 'woman' in the Equality Act 2010 refer to biological sex, not acquired gender. An interim update from the Equality and Human Rights Commission advised that in most workplaces and public-facing services, trans women should not be permitted to use female-only facilities, and vice versa. Under the new policy, all toilets and changing rooms marked 'male' or 'female' at Holyrood are now designated on the basis of biological sex. The Parliament has increased the number of gender-neutral facilities by redesignating three public toilets and two private facilities used by MSPs and staff. Ms Grahame said Parliament would not 'police' toilet use, but a complaints process was available. 'We are certainly not monitoring the use of public facilities,' she said. 'This is not going to be policed by the corporate body.' Several MSPs, including the SNP's Emma Roddick, questioned whether the decision had been made prematurely and whether it risked creating a hostile working environment. Ms Roddick asked: 'Does [the SPCB] recognise that this unexpected and surprising policy change has put [trans and non-binary staff] in an impossible situation and potentially a hostile working environment?' Ms Grahame replied: 'I certainly hope and expect that this will not put anyone in this Parliament in a hostile environment. That is not the culture within this building.' READ MORE Scottish Liberal Democrat leader Alex Cole-Hamilton asked that 'no parliamentary staff member will be put in the position of having to challenge a toilet user in the future'. Green MSP Lorna Slater asked how trans people would be expected to 'prove' their right to use a facility. 'Members in this chamber may be aware of the lively internet conspiracy that I myself am a trans woman,' she said. 'If a complaint is made about me using a woman's toilet, how does the SPCB expect me to demonstrate or prove my ability to use this toilet? Should I bring my birth certificate? Should I subject myself to a medical examination?' Ms Grahame replied: 'No one is asking anyone for any proof of anything, and I fully intend to use the gender neutral toilets myself.' Scottish Conservative MSP Russell Findlay said the discussion was a 'farcical waste of time'. 'The people of Scotland expect politicians to focus on what matters—rising household bills, their children's education, getting a GP appointment, fixing the roads, keeping communities safe—yet the priority for out-of-touch SNP, Labour, LibDem and Green MSPs is an urgent debate about the Holyrood toilets.' His colleague Craig Hoy questioned whether the decision had been unanimous, which would suggest Green MSP Maggie Chapman had 'both supported these measures and also wrote a letter in opposition to them'. Ms Grahame responded: 'Decisions by the corporate body do not ever go to a vote—they are made by consent.' A full consultation by the SPCB is expected later this year, once a revised statutory code from the Equality and Human Rights Commission has been finalised and approved by ministers.
Scotsman
25-05-2025
- Politics
- Scotsman
Nicola Sturgeon: Supreme Court judgment on definition of woman 'massively overinterpreted'
Nicola Sturgeon has warned that politicians should update the law if the Supreme Court judgment harms the lives of transgender people. Sign up to our Politics newsletter Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Nicola Sturgeon has warned the Supreme Court judgment defining a woman in the Equality Act has been 'massively overinterpreted" as she repeated her calls for Keir Starmer's government to amend the law if the fallout impacts on the lives of trans people. Nicola Sturgeon | John Devlin The former first minister has revealed that she has had more "misogynistic abuse" over the issue of gender recognition than any other during her career. Advertisement Hide Ad Advertisement Hide Ad Former first minister Nicola Sturgeon | John Devlin Unsurprisingly, Ms Sturgeon has reiterated that she will always be an "ally of the trans community". Ms Sturgeon, speaking in events at the How the Light Gets In festival in Hay-on Wye in Powys, Wales, on Saturday, stressed that the Supreme Court judgment last month had said "what the law is, there is no gainsaying that". The court ruled that the definition of a woman in the Equality Act refers to a biological woman. Trans women can legally become a woman through the Gender Recognition Act. Advertisement Hide Ad Advertisement Hide Ad Echoing her comments given at Holyrood earlier this month, Ms Sturgeon stressed that it was up to politicians to "decide what the law should be or has to be". Watchdog, the Equality and Human Rights Commission (EHRC), has faced accusations of a kneejerk response to the ruling after issuing interim guidance which recommends transgender people should not be allowed to use toilets of the gender they live as, and that in some cases they also cannot use toilets of their birth sex. Ms Sturgeon pointed to comments last week from Baroness Hale of Richmond, the first female president of the Supreme Court, who said that the judgment had been "misinterpreted". Susan Smith, left, and Marion Calder, directors of For Women Scotland, cheer as they leave the Supreme Court in London following the landmark ruling against the Scottish Government Lady Hale said that there was "nothing in that judgment that says that you can't have gender-neutral loos". Advertisement Hide Ad Advertisement Hide Ad Ms Sturgeon said: "That judgment, I think, has been massively overinterpreted in terms of some of the immediate reactions to it. "But if it is the case that the judgment means we have to move to a situation where trans lives are almost impossible to live then I'm sorry but the law has to change because that is not an acceptable way to be." Ms Sturgeon said that despite the abuse she had received over her support for the trans community, she would "always" be its ally "no matter how difficult that might be". Advertisement Hide Ad Advertisement Hide Ad She added: "Many of those who are on the other side [of the issue] say it is all about protecting women," she told the festival. "Isn't it ironic that I have probably had more misogynistic abuse as a result of this issue than on any other issue in my entire political career. Go figure." According to The Sunday Times, Ms Sturgeon's comments have been criticised by Susan Smith of For Women Scotland, the organisation that won the Supreme Court appeal against the Scottish Government. Advertisement Hide Ad Advertisement Hide Ad She said: "It would be quite ironic, although not unexpected, if the first female first minister was resolutely sticking to the notion that biological sex is some nebulous concept. "There has indeed been a great deal of misrepresentation of the Supreme Court ruling but the most egregious has come from trans activists who have spun the most outrageous interpretations. "Baroness Hale was correct in saying that the ruling does not outlaw gender-neutral toilets but any organisation which only provides such facilities should be mindful that this may result in discrimination against other protected characteristics, in addition to sex.
Irish Times
22-05-2025
- Politics
- Irish Times
Varadkar: marriage-equality vote result and hospice opening made my best day in politics
Former taoiseach Leo Varadkar has said May 23rd, 2015, was the best day in his political life due to the result of the marriage equality referendum and because he performed the official opening of St Francis Hospice in Blanchardstown. 'It was just one of those days where everything came together. I started that day performing the official opening of St Francis Hospice in Blanchardstown which I'd been able to get funding for as health minister so I just kind of saw two projects on the one day that were totally different and totally unconnected coming to fruition so it's those kind of days that make it all worthwhile,' he told Newstalk Breakfast. Mr Varadkar added it had been overwhelming at the referendum count centre. He had anticipated the results would be similar to the divorce referendum in 1994 in that the Yes vote would be stronger in urban areas with a big No vote in rural areas, but that did not happen. As the results came in from around the country it became obvious that 'it was a country that was embracing the idea of equality before the law for everyone, equal rights, freedom, equality of opportunity, and was doing it without a huge rural-urban divide or a class divide – you know all those things that we see so much of now in politics, that day we didn't and that was great.' READ MORE Mr Varadkar said the result 'spurred us on to do other things like for example the Gender Recognition Act later and things like repealing the 8th [amendment on abortion] in 2018 so you know it wasn't just a one-day event, it was actually part, I think, of a wave of progress and liberty and freedom that Ireland was part of'. Mr Varadkar acknowledged that when he started in politics he had not anticipated how much things would change in Ireland in the space of 10 years. He also admitted his decision to 'come out' had not caused him great angst but added it did cross his mind that it might have an impact on his future career. However, Mr Varadkar warned there were going to be setbacks in Ireland and around the world. 'I always say that the arc of history bends towards progress, but it's not a straight line. There are always going to be backlashes. And they're going to be setbacks and sometimes they're gonna be severe. 'It's one step forward, two steps back. That's kind of where we are at the moment.'
Indian Express
22-05-2025
- Politics
- Indian Express
A decade of marriage equality in Ireland
Ten years ago, on May 22, 2015, the people of Ireland made history. We became the first country in the world to provide for marriage equality rights by popular referendum. For a formerly conservative (and some might even say 'narrow-minded') society, it was like a revolution. I remember that day like it was yesterday. I was watching the live TV coverage of the voter count. So evident was the bursting public pride, joy and unbridled happiness that I bundled my then 10-year-old son on a train from Dun Laoghaire and we went into the city centre, Dublin Castle, where the results were announced. I wanted us to soak up the atmosphere and for my son to witness history. Buses and cars were blowing their horns. People of all ages were hugging each other and dancing in the streets. It felt like something amazing had happened and that Ireland would never be the same again. This is because it was more than just a legal milestone — it was a powerful affirmation by the Irish public (my mother, my aunts, my cousins, my neighbours) that love is equal, and that every person deserves to live with dignity regardless of their sexual orientation. Just a month later, in the same year, the Gender Recognition Act came into force, enabling transgender people in Ireland to self-declare their gender on official documents. These transformative changes did not happen overnight. They were a result of decades of activism and tireless work by civil society. LGBTQIA+ campaigners brought their lived experience — stories of discrimination, oppression and violence — to the national conversation. It was years of debate, strategising, protests, court hearings, meetings, fundraising, deliberative democracy structures, and building community networks that ultimately evolved into the referendum campaign. Communities were mobilised and appeals were made to the Irish public focusing on the values of fairness, inclusion, and respect. People like my parents, born in the 1930s, in a very different Ireland, listened. Their courage ultimately shaped the Ireland we know today — an Ireland that is more open, more compassionate, and freer for all its people. It is important to note that the journey of change began long before 2015. Same-sex sexual relations between consenting males were decriminalised in 1993 — a turning point that helped pave the way for progress. Since then, Ireland has steadily dismantled barriers to equality to not only protect but also improve the lives of the LGBTQIA+ community. The struggle for equality continues. In November 2023, Ireland published its National LGBTQI+ Inclusion Strategy, which contains over 100 actions that are aimed at promoting inclusion, protecting rights and improving the quality of life and wellbeing of LGBTQIA+ people. Ireland believes that each person, regardless of sexual orientation, gender identity, or any other characteristic, is entitled to equality, dignity, and the full enjoyment of their rights. But we are also deeply aware that LGBTQIA+ rights are under threat in many parts of the world. It is unacceptable that individuals continue to face discrimination, harassment, and even violence — sometimes fatal — simply for being who they are. The universality of human rights cannot be realised if the rights of LGBTQIA+ people are not protected. Under international law, all states have a duty to respect, protect, and fulfil human rights without discrimination, regardless of political or cultural context. As an Irish public servant, I am proud to say that promoting and protecting civil society and human rights defenders is one of Ireland's core foreign policy priorities. This is based on our own experience of social progress and the journey we ourselves have travelled. Since the Marriage Equality Referendum, Ireland is a more open and freer place. Our experience has shown us what is possible when people are empowered to speak, organise, and lead. These values now underpin our global engagement — including our role in promoting LGBTQIA+ rights internationally. As we mark this anniversary, we do so not just with pride in how far we have come, but with renewed determination to keep moving forward. Ireland will continue to stand for equality, inclusion, and the universality of human rights — for LGBTQIA+ communities and for all people, everywhere. There is a wonderful Irish saying that goes 'Ní neart go cur le chéile' which means we are stronger when we act together. The journey is not over —but our commitment is unwavering, and our hope is strong. The writer is Ambassador of Ireland to India
