Gender Recognition Reform (Scotland) Bill (Detailed)

LEAP Sports is Scotland's LGBTIQ+ sports charity who aim to break down the barriers that disadvantage and exclude lesbian, gay, bisexual, transgender, intersex, and queer identifying people (LGBTIQ+) from being able to access, take part and excel in physical activity and sport across Scotland. We run programmes using physical activity and sport as a tool to improve wider health and wellbeing outcomes for LGBTIQ+ people, recognising their power in improving confidence, resilience, and overall quality of life. We also provide training, advocacy, policy support and other work directly to the sports sector.

Amongst the programmes we deliver includes a family support group for gender diverse children and their families, sports projects such as Trans*Team for transgender young people, and Trans Active for transgender adults.

LEAP Sports Scotland strongly supports the removal of the requirement for a medical diagnosis of gender dysphoria and supporting medical evidence.

The current requirement to obtain a medical diagnosis of gender dysphoria is overly medicalised, excessively intrusive, expensive and time consuming. It can be highly variable depending on the knowledge and experience of the medical practitioner, and it is common amongst trans people we work with for them to provide information on the process and requirements to their doctor, as well as information on their individual situation. Our experience suggests removing this requirement can have a significant impact in reducing stress and anxiety for many trans people. Removing the need for a diagnosis where we do not pathologise trans people’s identities and by respecting the dignity and privacy of trans people, will also provide greater validation and acceptance of trans people, which in turn can help to reduce experiences of gender dysphoria.

Trans people will still be able to access medical care and social and psychological support as part of their transition, but it is appropriate that should be separate from the application to update gender recognition and birth certificates.

LEAP Sports Scotland supports the provisions to introduce a statutory declaration and to remove the requirements to provide evidence of having lived in their ‘acquired gender’ for two years. and introduce a self-declaratory system with statutory declaration. However, we are not convinced that there is evidence to suggest that a 3-month time period is any more necessary than a 2 year period. The situation of a trans person being forced to reveal their status if their personal documents are inconsistent or do not match the gender presented would still exist but for 3 months instead of 2 years.

The process of making the solemn, statutory declaration to a notary public or justice of the peace, and subsequent criminal penalties that might arise from a fraudulent declaration already demonstrates a serious commitment behind the application, and we therefore think that the Scottish Government should remove the time requirement entirely.

LEAP Sports Scotland strongly supports the position that applications would be made to the Register General for Scotland instead of through the Gender Recognition Panel. The testimonies of our trans participants tells us that the Panel acts as a cumbersome, unnecessary and unhelpful gatekeeper to recognising legal gender.

LEAP Sports Scotland does not support the requirement that applications are to be determined by the Registrar General after a further period of reflection of at least 3 months and would like to see it removed.

We welcome and appreciate that the suggested reforms of the Gender Recognition Act make the overall process of obtaining a Gender Recognition Certificate more straightforward for trans people but we can find no evidence to suggest that a 3-month reflective period after applying for the Certificate is necessary or useful in doing anything but elongating the process. Our experience is that a person who has reached the stage where they are applying for a Gender Recognition Certificate: has already gone through a process of deep contemplation in reaching their decision; is likely to have undertaken other aspects of transitioning before applying for a Gender Recognition Certificate; and may already have changed their other forms of ID. We therefore cannot see a reasonable rationale for having a further period of reflection after their initial application.

It is not common practice for a period of reflection to be required alongside any other statutory declaration and there is also no requirement to do this for any other form of ID. Having a period of reflection specifically within this process for trans people suggests that applications may be more frivolous, or ill-thought through and perpetuates the myth that trans people don’t understand their identities or that they may change their mind - something which is very rare in our experience. Overall we do not believe the evidence supports a period of reflection. In addition, intentionally making a false statutory declaration would already be a crime and therefore no period of reflection seems necessary to prevent fraudulent applications for trans people. The disposal for false declaration would also seem to be a sufficient disincentive to non-trans people who might seek to make a fraudulent application.

We strongly support the Scottish Government’s proposals to lower the age for gender recognition to 16 and we believe that this would bring it into line with the legal capacity and wider framework of rights that 16- and 17-year olds in Scotland have such as to marry, gain employment, vote, attend university, and be held legally responsible for their actions. We also believe that 16- and 17-year olds should be able to change their birth certificate to match their gender identity. Amongst the programmes we run LEAP Sports runs a family support group for gender diverse children age 6-12 where those much younger than 16 have experiences of gender dysphoria, and this is in line with the self-reported testimonies of the adult trans participants who access our programmes. The reality of obtaining a GRC at age 16 is that many already be waiting a long time. We can see no sensible reason to treat gender recognition differently from many of the aforementioned rights and decisions.


We support the position of the Child Rights and Wellbeing Impact Assessment (CRWIA), that extending the right to apply for legal gender recognition to 16- and- 17-year-olds, the Bill will enable their rights under the United Nations Convention on the Rights of the Child (UNCRC).

LEAP Sports fully opposes any provisions that would enable a spouse or any other family member to directly prevent someone from obtaining a full gender recognition certificate, and supports interim GRCs where these are necessary to achieve this.

LEAP Sports supports the provisions regarding overseas gender recognition, including those for confirmatory gender recognition certificates.

LEAP Sports Scotland supports the removal of powers to introduce a fee.

We are saddened and disappointed that the Bill misses the opportunity to address the current lack of legal recognition for non-binary people, and the opportunity
to come into line with other countries who have already taken steps to introduce legal recognition of non-binary (or third gender) people. There will still not be any
legal recognition for non-binary people if this Bill passes, and this leaves inconsistencies in their personal documentation, as well as a lack of recognition in
people’s day to day lives. Individual’s real experiences in communities is already that there are many places where non-binary identities are being recognised and
supported and that legal recognition lags behind societal progress.

We have concerns about the scope of the provision concerning “a person who has an interest in a gender recognition certificate” and feel that more guidance is required on what the scope of this is. Detail is required concerning who could apply to the sheriff to have a Gender Recognition Certificate revoked on the grounds of a fraudulent application. We are concerned that a system such as this could be used to abuse and oppress trans people and that individuals are able to make frivolous applications to the sheriff to challenge or revoke a trans person’s Gender Recognition Certificate. This process could be used by unsupportive family members, ex-spouses, or others who may cause greater difficulty and extreme stress for a trans person by someone who prefers they had not obtained a Gender Recognition Certificate. The process would also require stringent safeguarding from malicious intent.

The issue of sport has been regularly raised as an area of concern by many of those who are actively opposed to this Bill. It has been used regularly as a campaigning tool to provoke opposition to the Bill. Section 195 of the Equality Act 2010 makes provision for sporting bodies to restrict access to sporting competition for trans people in some sports at some levels and in some circumstances. The scope of this Bill does not affect the provisions under section 195 of The Equality Act in any way. In addition, Gender Recognition Certificates are not required to be produced as evidence to sports bodies either to prove eligibility to access sports opportunities, or to prove eligibility to compete. LEAP Sports Scotland therefore does not find any evidence that the practice of sport will be affected in any way by the provisions proposed by this Bill.