5 January 2023

Four reasons why the new Scottish gender recognition bill is not good

Written by Graham Nicholls
Image credit: Scottish Government. Creative Commons 2.0

It is desperately sad that the Scottish government passed The Gender Recognition Reform (Scotland) Bill at the end of last year. It will allow those living in Scotland to change their legal sex by signing a statutory declaration, removing the need for a medical diagnosis of gender dysphoria. It will also drastically lower the time period in which someone must live in their ‘acquired gender’ from two years at present to as little as three months. For the first time anywhere in the UK it will allow 16 and 17-year-olds to obtain gender recognition certificates. A very significant piece of legislation in itself, but also a prelude to what might happen in England and Wales. The interplay with this new legislation, existing equalities law as interpreted, and the possible ban on conversion therapy will represent a significant conflict between the law of the land and historic Christian teaching and practice. 

Just a few weeks later, as the new year began, there was a widely and positively shared story of a transgender vicar described as The Church of England’s first non-binary priest. That a theoretically Biblical, orthodox denomination would accept this ambiguity in a church leader, although perhaps not so exceptional, was another cause of great sadness. 

This is not good for people with gender confusion

Gender dysphoria is real and is a painful and confusing experience for those going through it. But the best way to care for these hurting people is not by affirming a false understanding of themselves. While sympathising with the genuine struggles and authentic hurt of feeling conflicted in this way, the best way to love someone is to help them be the person God has made them to be – and that includes the gender their creator has assigned to them. Anyone is welcome to come and hear the gospel but no one leaves unchanged and unchallenged if they are willing to listen.

This is not good for society

Christians are not opposed to this for self-preservation but out of love for our neighbours. We strongly believe that when God defined and ordained gender differences are recognised, respected and celebrated then we will, as a society, be safer and more satisfied.

In particular, a move away from requiring a medical diagnosis and supporting medical evidence will result in less support being given to those who are wrestling with their identity, and this is very concerning. Also lowering the minimum age to 16 will lead to more young people making life-altering decisions without proper support.

This is not good for women

The loss of women-only safe spaces including male-to-female transgender offenders being housed in women-only prisons is a real threat to the safety, dignity and privacy of women. Organisations such as ‘For Women Scotland’ with their #NoToSelfID campaign fiercely opposed the Scottish Bill. The author J K Rowling described it as ‘the biggest assault on rights of women and girls in her lifetime’. In addition, many Scottish MSP’s including some from the ruling SNP have spoken strongly against the bill because of the detrimental effect on women’s rights and safety. MP for Edinburgh South West Joanna Cherry spoke prior to the vote, saying: ‘I know for a fact there are people in both the Westminster group and the Holyrood group [of the SNP] who have serious reservations about this legislation, but who haven’t felt able to speak out. I think some people are scared to speak out in this debate because when you do speak out, you’re often wrongly branded a “transphobe” or a bigot.’

This is not good for children

Children develop by learning categories and labelling. It only leads to confusion and anxiety when the fundamentals are fluid. This is not just something for pre-school and primary age. Teaching children to love everyone regardless of their gender or sexual orientation is thoroughly Christian but confusing them with a worldview which says everything is fluid and undefinable is unhealthy and harmful.

It is good to embrace and celebrate gender differences

The Bible has the assumption from beginning to end that gender differences are real, important and immutable. We should not ignore the differences. We are not ‘gender neutral’; God has made us male and female, and consequently different. We want to embrace and celebrate those differences.

We must stand against any form of bullying, ridicule or insensitive language, especially towards those who feel marginalised for whatever reason. Jesus is our model in this. We must show compassion and sympathy to those who have arrived at a place where they are uncertain about their gender. We should treat everyone with respect and denigrating them with any insulting adjectives is not what God wants from us.

We do not want to reinforce gender stereotypes. Our non-binary vicar wants to affirm that Jesus ‘loves sparkly eyeshadow’. This is not heresy. There are many culturally constructed ways of expressing feminine and masculine traits. But our essential gender is not a social construct or a personal choice.

We simply believe that God created humans man and woman as something precious, something noble, something that is of the very essence of humanity. It is a terrible thing when we rebel against that image and deliberately seek to deface it.

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Written by
Graham Nicholls
Graham is the Director of Affinity and provides strategic leadership of the ministry teams oversees the day-to-day operations and regularly writes and speaks in the media. Graham is also one of the pastors of Christ Church Haywards Heath. He is married to Caroline and has three grown-up children, plenty of grandchildren and a wild dog.

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