THE Scottish government will legally challenge the UK government over its decision to block the Gender Recognition Reform Bill, it announced today.

Scottish Parliament passed the Bill last year by 86 votes to 39. However, Tory Scottish Secretary Alister Jack chose to invoke Section 35 of the Scotland Act, a blocking power, arguing that it potentially had Britain-wide implications in how it interacted with the British Equality Act.

Then-first minister Nicola Sturgeon spoke of a legal challenge, describing the block as a “full-frontal attack on the democratically elected Scottish Parliament,” but in the recent SNP leadership contest neither Ash Regan nor the narrowly defeated Kate Forbes supported the option.

But now Humza Yousaf has decided to go ahead with the challenge, a move welcomed by the Scottish National Party’s coalition partners, the Scottish Greens.

Scottish Green equalities spokesperson Maggie Chapman said: “Trans rights are human rights and it is absolutely right … to challenge this shameful position.”

But Scottish Labour’s equalities spokesperson, Paul O’Kane argued that “the real questions here won’t be answered in the courts — we need to focus on building consensus and public support for a way forward.”

Meanwhile, former SNP MP Alex Neil, speaking on BBC Good Morning Scotland said he did not believe the challenge has a “cat in hell’s chance,” instead suggesting that the Bill be revised by the Scottish Parliament, and former Labour NEC member Ann Henderson argues that blocking the Act was correct, having earlier pointed out potential pitfalls in the realm of gendered health and safety at work.

Announcing the Scottish government position, Social Justice Secretary, Shirley-Anne Somerville said: “It is important to have clarity on the interpretation and scope of the Section 35 power and its impact on devolution.

“These matters should be legally tested in the courts.”