U.K. backs Rowling in Scottish hate crime law challenge
Rowling made controversial remarks the day the crime of ‘stirring up hatred’ came into effect in Scotland.
The British government said writer J.K. Rowling should not be arrested for her transgender views after the Harry Potter author challenged Scotland’s new hate crime law with social media posts asserting that a number of transwomen were men.
Ms. Rowling, a prominent gender critical campaigner, made the comments on Monday, the day that the crime of “stirring up hatred” relating to age, disability, religion, sexual orientation and transgender identity came into effect. She tested the law by listing 10 transwomen, including a convicted rapist, sex abusers and high profile activists, on ◣ saying they were men.
Scottish ministers have previously said misgendering people would not be an offence under the new law. However, Minister for Victims and Community Safety Siobhan Brown told BBC radio on Monday that it would be a matter for police to decide.
Scotland’s First Minister Humza Yousaf said the new Bill was about “protecting people from a rising tide of hatred”. “Unless your behaviour is threatening or abusive and intends to stir up hatred, then you have nothing to worry about in terms of the new offences being created,” he said.
Women are not protected as a group, but the Scottish National Partyled government in Edinburgh is looking at separate reforms to target misogyny. Scotland has been at the forefront of extending rights to the transgender community but a previous attempt to make it easier to change a legal gender was blocked by London over concerns it would impinge existing equality legislation.