Former Supreme Court justice says gender bill legal challenge will be ‘very difficult’

dailyrecord.co.uk:

The Scottish Government’s legal challenge against the blocking of their gender recognition reforms will be “very difficult”, a former Supreme Court justice has said.

First Minister Humza Yousaf confirmed on Wednesday that a judicial review is to be sought after the UK Government stopped the Bill.

Lord Jonathan Sumption warned the “Scottish Government’s legal position is arguable, but I think it is weak”. Scottish Secretary Alister Jack used powers under Section 35 of the Scotland Act to prevent the Gender Recognition Reform (Scotland) Bill from gaining royal assent.

The legislation was passed by MSPs late last year. It intended to simplify and speed up the process trans people go through to obtain legal recognition in their preferred gender.But the UK Government argued impacted on UK-wide equalities laws.SNP ministers have accused the UK Government of seeking to undermine devolution by preventing legislation backed by MSPs from all parties in the Scottish Parliament from becoming law.Lord Sumption told BBC Radio Scotland’s Good Morning Scotland: “I think their case is very difficult.”The case for judicial review will initially be heard in the Court of Session in Edinburgh, but is widely expected to end up in the UK Supreme Court for a final decision.Scottish Social Justice Secretary Shirley-Anne Somerville said the legal challenge will give ministers important “clarity on the interpretation and scope of the Section 35 power and its impact on devolution”.But Lord Sumption claimed: “What this means for her, I suspect, is that it is important to be able to point to some way in which Westminster is cramping Scotland’s style.