Gender Recognition Reform Bill Consultation – FWS submission

We have submitted our response to the Scottish Government’s consultation on reform of the Gender Recognition Act as follows. A pdf copy can be downloaded here.

Question 1
Do you have any comments on the proposal that applicants must live in their acquired gender for at least 3 months before applying for a GRC?
Yes ✓
No ☐
If yes, please outline these comments
.

There is no clear definition in the consultation paper as to what living in an acquired gender means and the draft Bill removes the current requirement to provide evidence that this criteria has been met. The Gender Recognition Act 2004 defines the “acquired gender” as the gender in which the person is living, which, without a definition of “gender”, is both circular and meaningless. If the law is to be reformed it is essential that this term is clarified, particularly if an applicant is expected to declare under oath, subject to a potential criminal offence, that they meet this requirement.

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