Nicola Sturgeon resignation: First Minister's departure casts yet more doubt on gender reforms

The resignation of Nicola Sturgeon has cast yet more doubt on her controversial gender reforms.

The First Minister previously said a court battle with the UK Government was inevitable after it blocked the Gender Recognition Reform (Scotland) Bill. But does her decision to step down change this? The Scottish Government has until April 17 to decide to launch a legal challenge.

A spokeswoman said there was “normally a three-month time limit to bring a judicial review from the date of the order challenged”. Scottish secretary Alister Jack confirmed he would make an order under section 35 of the Scotland Act 1998 to prevent the Bill from proceeding to royal assent on January 17.

During her press conference on Wednesday, Ms Sturgeon said she would remain in post until a successor was chosen, but this transition period would not normally be the time for major announcements. Meanwhile, the process of electing a new leader is expected to take a number of weeks.

Picture: David Cheskin

There is therefore some doubt over whether that April deadline will be met. On top of this, Ms Sturgeon’s replacement may not view the reforms as a top priority.

The legislation would allow trans people to obtain a gender recognition certificate (GRC) without the need for a medical diagnosis. It was voted through the Scottish Parliament by a cross-party majority of MSPs, but also caused huge controversy, including within the SNP.

Debate was further fuelled by the recent row over trans prisoners. Will whoever wins the keys to Bute House see a court battle as the best route forward?

Reform of the Gender Recognition Act is part of the co-operation agreement between the SNP and the Greens, so it cannot be abandoned completely without collapsing that deal. For his part, SNP Westminster leader Stephen Flynn has said the legislation should not be scrapped.

During her resignation speech, Ms Sturgeon insisted her decision was “not a reaction to short-term pressures”, adding: “I have spent almost three decades in front line politics – a decade-and-a-half on the top or second top rung of government. When it comes to navigating choppy waters, resolving seemingly intractable issues, or soldiering on when walking away would be the simpler option, I have plenty experience to draw on.”