December 21, 2022 - 4:00pm

It’s like being in a strange, dystopian novel. I’m writing this in England, separated by an invisible border from a country where every single man is just a certificate away from being a woman. Make no mistake, what is happening in Scotland is seismic: in a few months’ time, no one will be able to trust the evidence of their own eyes. 

The man sitting next to you on a tram in Edinburgh, or turning up for a women-only swimming session, may self-identify as a woman — and the law will support him every step of the way. Centuries-old assumptions about what is real, about what people see in front of them, are being overturned. And it’s coming to Westminster as well, if Sir Keir Starmer follows through on his proposal to ‘update’ the 2004 Gender Recognition Act.

We have less than two years before a Labour government comes to power, weighed down by promises to import the idiocy (I’m being polite here) of self-ID to the rest of the UK. Two years, in other words, to watch what happens when politicians reject biology, common sense and the imperative to protect women against male violence. 

In the meantime, prisons, hospitals and refuges outside Scotland will face the headache of what to do when a man with a Scottish Gender Recognition Certificate (GRC) — obtained with far fewer safeguards than elsewhere in the UK — demands access to women-only spaces. The prospect of expensive litigation is terrifying, but women’s organisations on both sides of the border are already preparing for the fight of their lives.

So crazed are MSPs by this ideology that on Tuesday evening they voted down an amendment that would have placed barriers in the way of convicted sex offenders who seek to apply for a GRC, complete with a new female name. They even rejected an amendment — proposed by Michelle Thomson, an SNP MSP who has waived anonymity to reveal her own experience of being raped when she was fourteen years old — that would have paused the process of acquiring a certificate for men charged with sexual offences.

This is an extremely troubling development. Let’s not forget that the SNP-Green government has pressed ahead with the legislation even after Lady Haldane’s judgment established last week that a GRC changes someone’s legal sex for the purposes of the 2010 Equality Act. Scottish women are now expected to accept that any man standing in front of them, waving a piece of paper, is a woman — even if they’re in court and the man is accused of raping them. 

It’s clear that a bill that was supposedly purely administrative has hugely expanded the number of individuals who can apply for a GRC, with catastrophic effects on women’s rights.

The rest of the UK is about to find out what it’s like living alongside a country in which observable sex no longer has any meaning. Welcome to Scotland, where the word ‘woman’ will now soon include any man who fancies it.


Joan Smith is a novelist and columnist. She has been Chair of the Mayor of London’s Violence Against Women and Girls Board since 2013. Her book Homegrown: How Domestic Violence Turns Men Into Terrorists was published in 2019.

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