Scotland's highest court has deemed Downing Street's unprecedented veto of Holyrood's gender recognition reform bill as lawful. The bill, which aimed to establish a self-identification system for individuals seeking to change their legally recognized sex, was passed by a cross-party majority in the Holyrood parliament last December. If enacted, it would have made Scotland the first country in the UK to introduce such a system.

In a decision that disappointed LGBTQ+ campaigners but offered a boost to Rishi Sunak at the end of a challenging week, Lady Haldane of the Scottish court rejected the argument by Scottish ministers that the section 35 veto marked an "impermissible intrusion on the constitutional settlement." However, Haldane emphasized the novelty and complexity of the arguments presented.

Scotland Secretary Alister Jack, who issued the order to prevent the bill from receiving royal assent in January, applauded the ruling. He justified his action by stating that the legislation would have adversely affected the application of the law to reserved matters and the UK-wide equality protections. Jack called on Scottish ministers to cease needless legal action and focus on pressing issues such as economic growth and reducing healthcare waiting lists.

The Scottish government's social justice secretary, Shirley-Anne Somerville, decried the court's decision, arguing that devolution is fundamentally flawed if the UK government can override the democratic wishes of the Scottish parliament. The Scottish First Minister, Humza Yousaf, referred to the ruling as a "dark day for devolution" in an article on X.

While the ruling was welcomed by women's groups opposed to the bill due to concerns about access to women-only services and potential risks posed by predatory male offenders, it dismayed equalities campaigners. Maggie Chapman, the Scottish Greens' equalities spokesperson, described the ruling as a "devastating day for equality [and] a democratic outrage." She called for the Scottish government to consider all options for appeal.

Vic Valentine, manager of Scottish Trans, expressed concern about the potential impact on trans individuals if the judgment is left unchallenged. They highlighted the continuation of the intrusive and expensive process of legal recognition for transgender people. Stonewall's Director of Nations, Colin Macfarlane, expressed disappointment, noting that the ruling creates further uncertainty for transgender people in Scotland.

The Scottish government has 21 days to appeal the ruling, although internal concerns have been raised about the financial burden associated with pursuing a legal challenge. This comes at a time when the Scottish National Party faces pressure from voters to address the cost of living crisis rather than engage in further courtroom battles.

Labour's shadow Scotland secretary, Ian Murray, acknowledged the ruling with disappointment and conveyed the need for both governments to collaborate and avoid spending taxpayers' money on legal disputes that can divide communities. Responding to the judgment, Colin Macfarlane of Stonewall expressed concern about the uncertainty faced by transgender individuals regarding the process of legally recognizing their gender.

In a separate development earlier this week, the UK government's Minister for Women and Equalities, Kemi Badenoch, announced updates to the list of approved countries from which the UK will accept gender recognition certificates. The changes aim to exclude countries that allow self-identification, a decision deemed "long overdue."

Speaking during the hearing, David Johnston KC, representing the UK government, highlighted concerns about the interaction between the 2004 Gender Recognition Act and the Holyrood bill, emphasizing the impact on the certification process and the Equality Act.

In her comprehensive 65-page judgment, Lady Haldane concluded that the bill indeed modified the law, as its purpose was to broaden the category of those eligible for gender recognition certificates and simplify the overall process of obtaining such certificates.