The issue of extending legal marriage to same-sex couples and civil partnerships to heterosexual couples has been gaining support and attention recently.
There has been some political support and a number of organisations intending to actively campaign for a change in the law. It would appear that the issue will appear on the agenda during the next Parliamentary session.
In our Change the Picture manifesto 73.50% of young people agreed with the statement ‘All laws regarding homosexual relationships, whether male or female, should be equal to those of heterosexual relationships.’ At the June 2011 sitting SYP voted to campaign on the issue of equal marriage. We will be launching the campaign soon, with plenty of ways to get involved, so watch this space!
Current Laws
Who can (and can’t) get married?
Any two persons, regardless of where they live, may marry in Scotland provided that:
- Both persons are at least 16 years of age on the day of their marriage
- They are not related to one another
- They are not already married or in a civil partnership
- They are not of the same sex
- They are capable of understanding the nature of a marriage ceremony and of consenting to marrying
- If either is from another country, the marriage would be recognised as valid in that country as well
Marriage (Scotland) Act 1977 explicitly prohibits marriage from taking place between same sex couples; also the Civil Partnership Act 2004 specifically excludes mixed sex couples.
Differences between Marriage and Civil Partnership:
Although a civil partnership is essentially viewed as a “gay marriage”, between same sex partners, the reason it is not called a “gay marriage”, is that there are a few differences between a partnership and a marriage on a technical level.
- The Civil Partnership Act states that it will not allow any form of religious activity to occur during the process of registering the union
- A clergy can perform marriages, whereas only specified registrars can perform a civil partnership
- Religious and humanist organisations who wish to solemnise same sex marriages are currently banned from doing so
- As same sex marriage and mixed sex civil partnership are illegal, transsexual people are forced to undergo a divorce or dissolve their civil partnership before receiving legal gender recognition
- More than 2500 same sex couples in Scotland have so far chosen to register a civil partnership. Research has shown that many of these couples would have chosen to get married if the option was available
- Couples in a civil partnership are not legally allowed to be referred to as ‘husband’ or ‘wife’, but have to be addressed as ‘civil partner’
Political Support
In their responses to Change the Picture, Labour, the Lib Dems and Greens ‘agree in full’. The Conservatives ‘agree in part’; the SNP have ‘no position’, saying “issues such as same sex marriage are considered a matter of conscience for individual representatives. As such, the party does not have an official policy.” In their manifesto the SNP stated “We recognise the range of views on the questions of same-sexmarriage and registration of civil partnership. We will therefore begin a process of consultation and discussion on these issues.”
In their manifestos, Labour promised to consult on the issue and the Lib Dems pledged their support for equal marriage. The Greens have committed themselves to bringing forward legislation for same-sex marriage in the upcoming session of Parliament and are confident of getting necessary cross-party support for a change in the law.
- It is also supported by the Equality and Human Rights Commission, who have put together a research briefing. (Click here to read the report.)
- The 2006 Scottish Social Attitudes Survey found that 54% of Scots agreed that “gay and lesbian couples should have the right to marry”, while only 21% disagreed
Around the world
Same-sex marriages have been growing support around the world and since 2001 countries have begun legally formalizing and performing marriages. These countries include; Argentina, Belgium, Canada, Iceland, the Netherlands, Norway, Portugal, Spain, South Africa, Sweden, as well as Mexico City and parts of the United States.
The USA has seen seven states making gay marriage legal, with many more considering or having adaptations of civil partnerships.
Interesting Links
http://fivethirtyeight.blogs.nytimes.com/2011/06/27/cuomo-obama-and-the-realm-of-the-possible/
http://www.equalmarriagerights.org/
http://www.heraldscotland.com/news/home-news/fresh-call-for-gay-marriages-to-be-legalised-1.1042860

ty to muse on the debate about development aid. Aid is one of these issues which seems to be uncontroversial – there really isn’t much of a case for a rich nation like the United Kingdom not helping the poorest people in the world. But like most areas of politics, the cosy consensus hides a number of tough questions. When Mr Mitchell was able to extricate himself and join us, some of the controversial areas where put across to him – with some interesting answers resulting.



o are hosting a Q and A session. This will be an excellent opportunity to question the Secretary of State on the UK Governments approach to international development. The session will take place at the Scottish Parliament on Friday 10th June from 14:00 -15:30. If you are attending and not sure what to ask, hopefully this blog will give you some ideas!



