Same-sex Marriage in The United Kingdom - Same-sex Marriage Consultation in Scotland

Same-sex Marriage Consultation in Scotland

Further information: LGBT rights in Scotland

It falls within the jurisdictions of the Scottish Parliament to decide whether or not to remove the restrictions in the areas of civil partnerships and marriage.

In January 2009, a petition was drawn up by Nick Henderson, director of gay rights group the LGBT Network, to be submitted to the Scottish Parliament. The petition called for a change to the law that currently disallows two people of the same sex from getting married, by amending the Marriage (Scotland) Act 1977. The petition also called for allowing same-sex marriage ceremonies to be performed by faith groups, but only if the religious institution gives consent. As well as political support from the Leader of the Labour Party in the European Parliament, Glenis Willmott MEP and veteran gay rights activist Michael Cashman MEP, the petition has drawn the signatures and support of Celia Kitzinger and Sue Wilkinson and of eight church leaders, both Episcopalian and Church of Scotland. The Very Reverend Kelvin Holdsworth, Provost of the Episcopalian St Mary's Cathedral in Glasgow, has often spoken of his willingness and desire to perform valid same sex marriages in his church, and is a key supporter of the petition. It also attracted high profile support from Labour MSP George Foulkes. The petition closed on 6 March, having gathered 1007 signatures.

On 17 March 2009, the Petitions Committee unanimously agreed to question the Scottish Government on whether and when it planned to amend the Marriage (Scotland) Act 1977 to allow same sex marriages. They also requested that a reason be provided if an amendment could not be considered.

In March 2009, shortly before submission of the LGBT Network's petition to the Scottish Parliament, NUS Scotland established an Equal Marriage Campaign, launching a similar petition to the Scottish Parliament and calling for the amendment of legislation to allow same-sex marriage and mixed-sex civil partnerships in Scotland, although the petition itself did not distinguish between civil and religious marriage. This campaign attracted the support of a number of MSPs and MEPs, as well as activist organisations and individuals. The petition closed on 1 September 2009, having gathered 1,317 signatures. On 8 September the Petitions Committee convened after a summer recess, and agreed to contact the Government seeking responses to specific points raised in both petitions and the discussion.

On 1 December 2009, the Petitions Committee decided to seek a meeting between a government minister and the petitioners, as well as enquire as to whether the Government might consider setting up an advisory committee of interested parties. The Government rejected the petition, as legalising same-sex marriage in Scotland only would require changes in non-devolved matters such as the areas of immigration, pensions and inheritance law all of which would have to be done at the UK level. The head of the government's equality unit Hilary Third said that although from an equalities point of view "equal marriage is where we want to be" it would be a "difficult situation" if same-sex marriage was legal in Scotland but not England. In 2011 the UK Government announced a consulation on the legalising of same-sex marriage in England and Wales would be held, and it begin in March of 2012.

From September - December 2011 the Scottish Government held a consultation on the issue after the Scottish Social Attitudes Survey found 60% of Scots to be in favour of legalising same-sex marriages in Scotland. The consultation offered consideration on both removing religious prohibitions for civil partnerships and also legalising same-sex marriage within that country. In the foreword to the consultation document, Deputy First Minister, Nicola Sturgeon stated

"The Scottish Government is choosing to make its initial views clear at the outset of this consultation. We tend towards the view that religious ceremonies for civil partnerships should no longer be prohibited and that same sex marriage should be introduced so that same sex couples have the option of getting married if that is how they wish to demonstrate their commitment to each other. We also believe that no religious body or its celebrants should be required to carry out same sex marriages or civil partnership ceremonies."

Unlike the English and Welsh Consultation, the one for Scotland dealt with the issue of same-sex marriage in a religious context. On 10 December 2011, The Scotsman newspaper reported that some 50,000 responses had been received from within Scotland. The government presented the results and analysis of the consultation in July 2012.

On July 25 2012 the Scottish Government announced it would bring forward legislation to legalise both civil and religious same-sex marriage in Scotland. The Government reiterated its intention to ensure that no religious group or individual member of the clergy would be forced to conduct such ceremonies; it also stated its intention to work with Westminster to make necessary changes to the Equality Act to ensure that this would be guaranteed.