Gender recognition reform should allow for de-transition, MSPs told

Proposed reforms to Scotland’s gender recognition process should include provisions to de-transition, MSPs have heard.

The Gender Recognition Reform (Scotland) Bill, would remove the need for a diagnosis of gender dysphoria before an application for a gender recognition certificate (GRC) can be made.

The legislation would also drop the minimum age for an application to be made to 16 from 18 and cut the length of time required for a trans person to live in their acquired gender from two years to three months and a subsequent three-month reflection period.

The highly controversial Bill is currently being scrutinised by the Equalities, Human Rights and Civil Justice Committee.

On Wednesday, representatives from Amnesty International and Engender said they would like to see a provision in the Bill for those who may wish to return to identifying with the gender they were assigned at birth.

The Bill currently requires a statutory declaration to be made for a GRC to be acquired, with concerns being voiced that an attempt to de-transition could result in the holder being criminalised with up to two years in prison or a fine.

Naomi McAuliffe, the Scotland programme director for Amnesty International, said she did not believe that de-transitioning was common, but added: “When developing a new law, there should always be an avenue for a potential outcome, even if it happens to one person throughout Scotland, there needs to be a proper process for that happening.

“Whether that is re-applying for a different gender certificate, whether that is voiding one, whatever, but certainly to make sure to protect those individuals from any kind of prosecution under this.”

Ms McAuliffe’s stance was supported by Engender executive director Catherine Murphy.

“Whilst it’s extremely rare, or seems to be, we do recognise that it’s a possibility,” she said.

“So we want to make sure that those laws are not used against people who then choose to de-transition.”

A submission from MurrayBlackburnMackenzie, a policy think tank which is opposed to large parts of the law, also pushed for the change in a submission to the committee.

“The idea of living in an acquired gender until death raises legal questions in relation to de-transition and how a person who wishes to de-transition could do so, without being liable to having made a false declaration,” the submission said.

“There is no provision for this in the draft Bill. This is a significant omission that fails to account for applicant vulnerability, particularly in relation to young people, who may be more likely to apply for a GRC.”

One of the group’s members, Lucy Hunter-Blackburn, also appeared before the committee on Tuesday along with other opponents of the Bill, but the issue was not raised in the more than two hours they were giving evidence.