Gender reform Scotland: Young trans people 'heartbroken'

They reflected on the "heartbreaking" ruling, on how gender reform would change their lives, and why they are calling on the Scottish Government to continue its fight for gender reform.

'I felt so defeated'

Zander (left) Max (third from left) and Fin (right) with King, Avar, Imogin and Quentin at the Young Scot Awards (Image: Contributed)

Max McDonald is an active member of the LGBT Youth Commission, which was consulted in depth on the Gender Recognition Reform (Scotland) Bill as it went through Scottish Parliament. 

They are non-binary, which means they do not feel their gender identity can be defined as male or female. 

The 20-year-old student from Dundee said: "We spent a year straight talking to MSPs, we got things into the Bill like end of life provisions, open conversations about reducing the age to 16. 

"I heard some of the vile things that were said. I cried multiple times and it was such a relief for it to go through. All the work we had done had paid off and we could see things starting to get better."

Read more: LGBT groups react to 'distressing' gender reform ruling

The GRR Bill was passed by MSPs in December 2022 by 86 votes to 39. But Scottish Secretary Alister Jack blocked the Bill from becoming law by making an order under Section 35 of the Scotland Act 1998, the first time it had happened. 

The Conservative minister argued the Bill, which would only apply to Scotland, would create problems with different equality laws in different parts of the UK. 

Max said: "To hear it get blocked, I was in a state of denial. Then a huge feeling of defeat hit me. I felt so defeated to hear something that could start to make our lives easier – when they can absolutely be hell – people felt right to block that for no clear reason. It was heartbreaking. 

"I strongly believe this Bill should go through. Of course I'm angry, of course I'm upset. There's an element of questioning if everything we did was worth it." 

They said: “All of us just wanted to live as ourselves and grow as ourselves. I have seen so many people growing into themselves, I felt the joy they get from that, it’s amazing to see. 

“It would lift a massive weight off our chests. We have all felt that. We are just looking to make that easier for ourselves.

“There’s a resounding shock that hits the community when something like this happens."

'If people could stand by us it would mean the world'

The main aim of the gender reform legislation is to simplify the process for trans people to get a Gender Recognition Certificate (GRC), which enables them to be issued with a new birth certificate which reflects their acquired gender. 

Having a GRC makes it easier for trans people to deal with admin and legal issues like marriage, paying taxes, getting pensions, and even being buried. 

But the current process to obtain a GRC has been described as lengthy and "humiliating". It involves getting a medical diagnosis for gender dysphoria, living two years in their acquired gender, and having to give evidence before a UK Gender Recognition Panel. 

Max said: "The process is way too difficult. I don't feel I can apply because I'd have to misgender myself. But the process is way too much. I don't think I could subject myself to it, it feels humiliating, it feels like you have to perform being another gender to make out you are trans enough.

"Which is why I was so excited for the [GRR Bill] going through. I have seen how excited other trans people are too. It's recognition from some of the highest places that they respect us and see us for who we are. It didn't seek to change anything else, it's an admin change."

Read more: Scotland's gender reform Bill and the court battle explained

The GRR Bill proposed a number of key changes to the UK Gender Recognition Act (2004), including reducing the time a person has to live in their acquired gender to three months, and lowering the minimum age of applicants to 16. 

The Bill would also replace the medical diagnosis of gender dysphoria with self-declaration, also known as self-ID, and swap the UK gender panel with a Register General of Scotland. 

Max said: "This Bill was poured over time and time again by trans people with lived experience, experts, and politicians. It isn’t changing rights. It would affect a small minority of a small minority."

They are calling for the Scottish Government to appeal the Court of Session ruling earlier this month, which found the UK Government was within its rights to block the Bill.  

Max said: “We want the Scottish Government to fight this. We want them to stand with us and say they support our community. We don't want people to give up on us.

"We just want to live our lives and be accepted as everybody wants to be accepted. If people could just stand by us it would mean the world."

'Scotland isn't the best place for trans people right now'

Protesters hold placards saying 'trans rights are human rights' (Image: PA)

Zander Newman is a young trans man from Johnshaven, Aberdeenshire. At 17, he cannot yet apply for a GRC, something that would have changed if the GRR Bill had gone through. 

On hearing it had been blocked, he said: “I was quite disappointed, a little bit upset but, given the current climate, I wasn’t hugely surprised. 

“I think it was such a contrast from finding out the Bill had been passed. Despite all the work everybody has done to get to that place. It felt like it was all for absolutely nothing."

Zander transitioned socially while at school, which meant registers were changed and his Young Scot cards updated to his chosen name. But he fears not having that legal recognition of his gender will create problems for applying to university and for future jobs. 

"I've known who I am for a long time now," he said, "I don't think it's fair as I'm applying for university my gender doesn't match who I am as a person. It's putting me at risk of having bias against me.

"Scotland isn't the best place for trans people right now. I wouldn't feel safe going to visit some family members without a GRC." 

Read more: Gender reform defeat: Humza Yousaf undecided on appeal

One of the concerns some had with the GRR Bill was the lowering of the age of applicants from 18 to 16. 

Zander said: "I don't see the problem with it, you can have your legal name changed quite young. The legal age of consent is 16. I have been out since I was 11, I don't know a single person who's woken up and thought 'I'll go through this lengthy and annoying process'."

He thinks the concerns raised about predatory men using the Bill as a means to enter women's bathrooms are "completely ludicrous". 

"It doesn't make sense, I have never in all my years as a trans man going into a woman's toilet been asked for my birth certificate or some form of ID. It just doesn't happen." 

'It's one piece of paper, it's an admin change'

A trans rights protest outside Scottish Parliament in Edinburgh (Image: PA)

Fin Buchan has known they were trans since they were around 12-years-old. They have socially transitioned but say they wouldn't be able to get a GRC. 

The 20-year-old from Falkirk said: "I couldn't apply under the current laws, I have never been diagnosed with gender dysphoria."

Fin, who identifies as masculine non-binary, says they have been on a waiting list for NHS treatment for more than five years, while Max said they expected it would take until 2031 to receive gender affirmation surgery on the NHS. 

Fin said: "I'd like to apply for an interview for a job without having to explain everything about myself in grave detail. It's genuinely humiliating. I have to explain everything all over again. None of my IDs or anything matches."

While they pointed out that a GRC is not required to change a person's gender on their ID, they said simplifying the process to receive the certificate would be a "huge lifechanging thing" for trans people, which is "totally irrelevant to everyone else". 

"I felt sad and defeated when Section 35 was used," Fin said, "Considering that has quite literally never happened before. It's ridiculous. 

"Most of the controversy has been people misunderstanding what it is. They think it's going to suddenly allow men into women's bathrooms which is just not the truth. It's not like we are changing the world, it's one piece of paper, it's an admin change."

Read more: Trans children facing lengthy wait for treatment in Glasgow

Fin said when they had been in a men's public bathroom when a security guard arrived and told them they were "disgusting" and physically removed them. "At no point did he ask me why I was there or ask for ID," they said. 

They believe the Scottish Government should pursue the legal battle to its next stage at the Supreme Court. 

Fin said: "I think it's a huge public statement in support of trans rights. Staying silent would be hugely hurtful to the trans community. 

"It's not just an appeal, it's a statement to trans people that you stand with us. I think it also sends a message to the whole of Scotland that our government is going to stand up for itself.

"We need that show of support desperately. We need it from the government, from our friends, and from everyone around us."