Outlaws: Can Non-Binary Identities be Equitable Incorporated into Scots Law?

This article explores possibilities surrounding legal gender recognition for non-binary individuals, particularly in Scotland. People have been rejecting the gender binary since it was established, and in modern times there has been an increased appetite for official legal incorporation into Scots Law. Recent gender reform legislation for transgender people has been a highly contested issue in law and politics, and approaching gender legislation from the new angle of equality for non-binary and gender-fluid identities is exciting.
There are six chapters, including an introduction and conclusion, that each explores an aspect or key consideration of legal gender recognition. Chapter One introduces the topic, gives some background and describes the scope and structure of the paper. Chapter Two sets the scene, introducing non-binary identities and their current legal standing. Chapter Three leads onto the more political aspects, explaining calls for and against incorporation and a key barrier. Chapter Four details two possible incorporation models, with comparisons to the current system for the transgender community and other countries' legal non-binary recognition systems. It also touches on the question of social or legal change and which should come first. Chapter Five concludes the article, reverting to the Scottish focus and examines the potential impact of devolution on legal recognition.
Chapter Six presents the articles overall findings, conclusions and gives some recommendations for equitable incorporation. The conclusions highlight the work of each chapter, drawing examples from the evidence presented, such as the need for thorough and informed consultation on proposed legislation with those who have experience living outside the gender binary. Even though the topic focuses on non-binary identities reaching legal recognition, there are overarching themes in the paper of intersectionality, patriarchal structures and LGBTQ+ rights.