TheJournal.ie uses cookies. By continuing to browse this site you are agreeing to our use of cookies. Click here to find out more »
Dublin: 12 °C Sunday 19 May, 2013

Scotland to press ahead with plans to legalise same-sex marriage

The Scottish government says it will try to amend UK law, so that celebrants who refuse to marry gays cannot be prosecuted.

If the legislation is approved by Scottish MPs, the first same-sex marriages in the country could take place by 2015.
If the legislation is approved by Scottish MPs, the first same-sex marriages in the country could take place by 2015.
Image: laverrue via Flickr

THE SCOTTISH GOVERNMENT has published draft legislation which would legalise same-sex marriage in churches and civil ceremonies – though it will seek amendments to UK law so that celebrants who refuse to marry gay people on religious grounds cannot be prosecuted.

The Guardian said the draft proposals included “conscience clauses” allowing churches and individual clergy to opt against carrying out same-sex partnerships – though this will require a change to equality laws currently in force throughout the UK.

Instead, churches and celebrants who are happy to marry same-sex couples will be given the chance to declare their willingness to do so, and then have their names published on a public register.

The Daily Telegraph carried quotes from deputy first minister Nicola Sturgeon, who said she would work with the Home Office in London to seek the appropriate amendments to UK law.

It added that the move could prove unpopular among Scots – with almost two-thirds of the 62,000 responses to a recent government consultation asking it to drop the plans.

Sturgeon said, however, that the Scottish National Party – which governs alone in Holyrood – believed legislating for full marriage equality was “the right thing to do”.

The party is to give its MPs a free vote on whether to support the legislation, but the Guardian said a majority of the party’s backbenchers supported the proposals, as did the leaders of the other major parties in the assembly.

Sturgeon said the government recognised and respected the concerns that some Scots would have over the plans, which was why it would also try to to legislate for freedom of expression and freedom of religion in parallel with the gay marriage plans.

This would ensure that people who opposed same-sex marriage on religious grounds would still be free to lobby against them from the pulpit.

If the plans are adopted, it is expected that the first same-sex marriages could take place in 2015.

Read next:

Comments (45 Comments)

  • Good news. Less and less reasons why not to implement this here “. “Keeping up with the neighbours” isn’t a very high-minded incentive, but anything that pushes the right to marriage for marriage Is a good thing in my book.

    Reply
    • unlike the Scots, we have a written constitution so a referendum. would be required which might be very divisive and might not be carried

      Reply
    • Very true. But if this goes through in Scotland, given the obvious similarities between the two nations, it should push the many Irish politicians off the fence they’re sitting on…

      Reply
    • Because a province of the United Kingdom seeks permission from Whitehall to change their laws and permit same sex marriage has no bearing on what this sovereign and independent State might or should do.
      Marriage between heterosexuals should not have to share its identity with partnerships of other expressions of sexuality and therefore the terms or nomenclature used to describe what we now legally define as a civil partnership can create their own descriptor.

      Reply
    • Mick – I’m guessing you’re against same sex marriage? If so, can I ask why? I’d love to hear one valid argument, one that doesn’t revolve around some bronze age fairytales.

      Reply
    • There is a division in legal opinion as to whether a referendum is required here. The amendment of s.2(2)(e) of Civil Registration Act 2004, could achieve the same result. Such an amendment would be presumed constitutional and it would be for the naysayers to prove that Article 41 requires different genders for marriage (despite it not being defined that way in the Constitution). Marriage has been amended a number of times over the years (eg the 2004 Act itself) by the Oireachtas and even if the amending act was found to be constitutional, the challenge in the Supreme Court would be much cheaper than the costs of an additional question on referendum day (which is about €4/5m per additional question on top of the €17m to hold a referendum at all).

      Reply
  • We’ve been over this a lot of times in similar posts, the laws of a country should not, in any way shape of form be built around religion. The constitution of 1937 was fine for the period but some parts need updating. And for all your religious nut jobs / fan boys, Back into your prehistoric caves. Back to the original post, well done Scotland. Hopefully we’ll see some movement on the issue here soon.

    Reply
  • It’s nice to hear some good news for a change.. Good on the scots!

    Reply
  • Kim 25/07/12 #

    A lot of the time I think people use religion as an excuse. I think alot of the time people find the topic of same sex marriage uncomfortable maybe due to a lack of understanding im not sure so they pass it off as a religious thing.

    Reply
  • Congratulations Mr & Mr Scotland and Mrs & Mrs Scotland….

    Reply
  • Fiona 25/07/12 #

    well done Scotland.

    Reply
  • Over the moon at this news !

    Reply
  • Well done Scotland! Hopefully Ireland will follow suit.

    Reply
  • I wonder what Lucinda Creightons views are on gay marriage? Oh wait, that’s right she’s against it along with the Taoiseach! Thankfully neither of them will have to marry someone of the same sex so they needn’t worry. Best deny equal rights to others though just in case. The last thing we’d want are citizens being treated equally – that’s called communism, best continue with the discrimination and bigotry to mop up those marginal voters.

    Reply
  • I think this is great everyone should have the right to marry whoever they want and b happy it’s there lifes let them live it!

    Reply
  • “the move could prove unpopular among Scots – with almost two-thirds of the 62,000 responses to a recent government consultation asking it to drop the plans.”

    However according to another source -”nineteen per cent of the total responses came from outside Scotland: most of them apparently from online forms set up by the Christian Institute and Christian Concern. Those responses were overwhelmingly against Scotland making same-sex marriage legal.
    Count only what the Scots wrote to Holyrood on consultation forms and letters, and the 2011 consultation reports 65% in favour of same-sex marriage and 35% against. Which matches almost exactly what Ipsos-Mori found when they carried out a poll on same-sex marriage in June 2012: 64% of Scots agree same-sex couples should have the right to marry, 68% agree that churches should have the freedom to wed same-sex couples if they choose.”

    so it probably won’t prove that unpopular.

    anyway, well done Scotland!

    Reply
  • no man should ever take another man up the aisle!

    Reply
  • Not trying to be controversial but surely with their economy in the state it is (like rest of UK and world I suppose!) they have more important things to be worrying about than legalising marriage for the gays?!

    Reply
  • William Wallace would be turning in his grave lol

    Reply
  • Sad news.

    Reply
    • Why exactly?

      Reply
    • For who?

      Reply
    • hmmmmm, obviously my comment offended. Maurice has also offended me by calling this Sad News. Can we get this deleted too please? Equality and all that.

      Reply
    • Yes, please reinstate Martin’s comment – I wasn’t offended at all – in fact I find my name gay too. PC gone wild!

      Reply
    • @Stephanie

      For all those people who genuinely have the welfare of children at heart, not for those who would manufacture a child in a rented womb, or adopt to have the right accessory and “respectability”.

      Reply
    • @maurice, all joking aside. What does it matter who brings up a child as long as he/she is cared for, protected and loved?! Traditional families of one mother, one father and 2.5 kids are not the standard family anymore. That went when teenage girls were having babies without wanting them, lads abandoning families, people having babies as careers (children’s allowance). The children arguement doesn’t stand. INFACT, you could say a gay couple actively seek to give a loving home to a child as it can’t be the outcome of a drunken hook up and if that means asking a friend or surrogate to have my baby, well then I’ll let you know when I’m ready to raise a child.

      Reply
    • There’s no point asking these characters to explain their opposition to marriage equality. They know they can’t do it without admitting their own prejudices or religious bases and they know that neither is generally accepted as reasonable argument in 2012. But they will still assert their opposition without explaining it in the desperate hope that it might just sway the some of the overwhelming public support for equality over to their side.

      Reply
    • Oh please *rolls eyes*

      As for Maurice, are you dying I don’t have the welfare of children at heart? Because I have two mores who I adore and couldn’t be more protective of. The older is being raised by her Mum (completely by herself) and is turning out to be the kindest hearted little girl, she’s very creative and she’s a very thoughtful and caring child and her Mum is doing a fantastic job. Better than many married couples. The younger ( a baby still), her parents are have been together 10 years, planned her damn near down to the due date and have no plans to ever get married and they too are doing and will continue todo a fantastic job. The idea that there is right way to raise a child is absolute nonsense. My Mum is a fantastic mother but was raised completely differently to me, the same I my Dad. If you think there’s something wrong with the children f gay parents I suggest you take a look at some f the testimonials from children of gay parents lobbying for marriage equality in the states.

      I you want to bring the welfare of children into this You might want to research the suicide rates among young gay people thanks to attitudes like yours. Don’t talk about child welfare when you only intend to look after the straight ones.

      Reply
    • @Stephanie

      “There were also significant, but left unreported, differences in self-esteem between children of homosexual and heterosexual parents, as well as significant but unreported differences in social and emotional difficulties experienced by children of homosexual parents.”

      “Stacy and Biblarz found that lesbian mothers had a feminizing effect on their sons and a masculinizing effect on their daughters”

      http://narth.com/docs/masquerades.htm

      Reply
    • If these issues are “left unreported” how do you know about them? How are they analysed? How is their veracity measured? What about the kids raised by single/widowed parents? For example, there are plenty of situations where single women living with their own mothers successfully raise “masculine” boys and “feminine” girls and yet they are essentially raising kids in a same-sex environment. The notion that gay people live in single-sex ghettos/silos is utterly preposterous: my own son and his husband have a great number of friends and family members of both sexes and should they ever decide to have kids, those kids would have access to all kinds of healthy role models – including the wonderful young men who would be their fathers (both biological and adoptive). Your hand-wringing is bogus, Maurice, and I happily call you on it.

      Reply
    • Maurice Kiely’s document link does not work but I went to the Narth website and found this enlightend Mission Statement:

      “NARTH MISSION STATEMENT
      We respect the right of all individuals to choose their own destiny. NARTH is a professional, scientific organization that offers hope to those who struggle with unwanted homosexuality. As an organization, we disseminate educational information, conduct and collect scientific research, promote effective therapeutic treatment, and provide referrals to those who seek our assistance.

      NARTH upholds the rights of individuals with unwanted homosexual attraction to receive effective psychological care and the right of professionals to offer that care. We welcome the participation of all individuals who will join us in the pursuit of these goals.”

      They’re basically one of those “ex-gay” crackpot organisations who purpote to “cure” people of their homosexuality. Any respect I might have had for your, Maurice, just drained away.

      Reply
    • Oh please, show me an impartial source with a proper scientific study and then we’ll chat.

      Also apologies for the ridiculous number of typos above, that’s what happens when you angrily type a comment on your phone just after you’ve woken up.

      Reply
  • I’d seriously like to know why my comments are being deleted. Unless its a glitch in the matrix? No bad language, nothing rude, just simple engagement. I’ve emailed asking why and no response.

    Reply
    • Seems to happen all the time on the journal and they come back with an excuse that’s pretty crap considering the comments that get left up. There’s quite a lot gone on this thread though,kinda thinking it’s pointless writing anything here anymore.

      Reply

Add New Comment