Marriage and Civil Partnership (Scotland) Act 2014

Marriage and Civil Partnership (Scotland) Act 2014

Long title An Act of the Scottish Parliament to make provision for the marriage of persons of the same sex; to make further provision as to the persons who may solemnise marriage and as to marriage procedure and the places at which civil marriages may be solemnised; to make provision for the registration of civil partnerships by celebrants of religious or belief bodies; to make provision about gender change by married persons and civil partners; to make a minor correction in relation to registration information; and for connected purposes.
Citation asp 5
Introduced by Alex Neil
Territorial extent Scotland
Dates
Royal assent 12 March 2014
Commencement SS 34–37 inclusive - 13 March 2014
Other legislation
Relates to Marriage (Scotland) Act 1977
Civil Partnership Act 2004
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted

The Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) is an Act of the Scottish Parliament which allows same-sex couples to marry in Scotland since 16 December 2014.

The bill was introduced to the Scottish Parliament on 26 June 2013 by Alex Neil MSP, the Cabinet Secretary for Health and Wellbeing. The bill passed Stage 3 on 4 February 2014.[1] It received Royal Assent on 12 March 2014.[2]

The Act does not contain provisions to allow existing civil partnerships registered in Scotland to be converted into marriage, but includes provision for its later introduction into law;[3] it will permit those already in civil partnership with one another to marry without first dissolving the mutual civil partnership.[4]

Background

As marriage is neither reserved nor excepted to the Parliament of the United Kingdom, the Scottish Parliament has legislative competence to make changes to marriage law.[5]

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 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.[6][7] 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 Scottish Episcopal 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.[8] It also attracted high-profile support from Labour MSP George Foulkes.[9] The petition closed on 6 March, having gathered 1007 signatures.[10][11]

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.[12][13]

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.[14] The petition closed on 1 September 2009, having gathered 1,317 signatures.[15] 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.[16][17]

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.[18] 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 national level.[19] 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.[20] In 2011 Her Majesty's Government announced a consultation on the legalising of same-sex marriage in England and Wales would be held, and it began in March 2012.

Consultation

From September – December 2011 the Scottish Government held a consultation on the issue. 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."[21]

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.[22] In reality, when counting was finished, the total stood at 77,508.[23] The Government presented the results and analysis of the consultation in July 2012. Respondents who opposed the introduction of same sex marriage were in the majority, with 67%.[24][25] However, 14,869 (19%) of responses came from outside Scotland and 26,383 (34%) were submitted by a pre-printed postcard rather than via the Consultation form.[23]

Passage through Parliament

On 25 July 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.[26][27]

On 27 June 2013, the Scottish Government introduced the Marriage and Civil Partnerships (Scotland) Bill in the Scottish Parliament.[28][29] LGBT rights campaigners, celebrating outside the UK parliament on 15 July 2013 for the clearance of the Marriage (Same Sex Couples) Bill in the House of Lords, declared that they would continue the campaign to extend same-sex marriage rights to both Scotland and Northern Ireland.[30]

The majority of the members of the Scottish Parliament have declared their support for same-sex marriage, including the leader of each party in Parliament: Alex Salmond (SNP; First Minister of Scotland), Johann Lamont (Labour), Ruth Davidson (Conservative), Willie Rennie (Liberal Democrats) and Patrick Harvie (Green).[31]

The bill was fast-tracked through the Scottish Parliament with the aim of achieving Royal Assent for the legislation by March 2014.[32] The Equal Opportunities Committee considered the bill from 5 September to 7 November, with a report published on 8 November. On 20 November, the bill passed Stage 1 with a 98 to 15 vote and 5 abstentions.[33] Of the 98 MSPs that voted "yes" on the bill, 52 were members of the Scottish National Party, 31 were members of the Labour Party, 7 were members of the Conservative Party, 4 were members of the Liberal Democrats Party, 2 were members of the Green Party, and 2 were Independents.[34] Of the 15 MSPs that voted "no" on the bill, 6 were members of the Scottish National Party, 8 were members of the Conservative Party, and 1 was a member of the Labour Party.[34] Of the 5 MSPs that abstained, 2 were members of the Scottish National Party, and 3 were members of the Labour Party.[34]

Marriage and Civil Partnership (Scotland) Bill – Stage 1
(20 November 2013)
Party In favour Against Abstentions
SNP
Labour
Conservative –
Liberal Democrats – –
Scottish Green – –
Independents – –
Total 98 15 5

The bill returned to the Equal Opportunities Committee for Stage 2. The Committee considered the bill on 19 December 2013, rejecting several amendments proposed by opponents of the legislation.[35] The Committee continued Stage 2 on 16 January 2014.[36] The final Stage 3 debate and vote was held on 4 February 2014. The bill was approved with 105 MSPs in favour and 18 opposed, with no abstentions.[37][38] The bill received Royal Assent on 12 March 2014[2] and the first same-sex marriages occurred on 16 December 2014, for partners in a civil partnership who converted into marriage.[39][40]

Marriage and Civil Partnership (Scotland) Bill – Stage 3
(4 February 2014)
Party In favour Against Absent (Didn't Vote)
SNP
Labour
Conservative –
Liberal Democrats – –
Scottish Green – –
Independents – –
Total 105 18 3

See also

References

  1. ↑ "Gay marriages to go ahead after historic vote by MSPs". The Herald. 4 February 2014. Archived from the original on 28 January 2016. Retrieved 5 February 2014.
  2. 1 2 "Thursday 13 March 2014 - Announcements - Scottish Parliament". Scottish Parliament. 13 March 2014. Archived from the original on 4 March 2016. Retrieved 31 March 2016.
  3. ↑ "Marriage and Civil Partnership (Scotland) Act 2014 - Section 10". The National Archives. Archived from the original on 4 March 2016. Retrieved 27 May 2014.
  4. ↑ "Marriage and Civil Partnership (Scotland) Act 2014 - Section 8". The National Archives. Archived from the original on 4 March 2016. Retrieved 27 May 2014.
  5. ↑ "Marriage (Same Sex Couples) Bill". House of Commons Research Library. 2013: 42. Archived from the original on 13 March 2016. Retrieved 31 March 2016.
  6. ↑ "Same-sex marriage supporters to petition Scottish Parliament". Pink News. 13 January 2009. Archived from the original on 3 March 2016. Retrieved 11 August 2009.
  7. ↑ "Same Sex Marriage Ban Must Be Lifted, Say Scottish Gays". UK Gay News. 13 January 2009. Archived from the original on 19 March 2016. Retrieved 11 August 2009.
  8. ↑ Holdsworth, Kelvin (5 March 2009). "Last Chance". Archived from the original on 5 March 2016. Retrieved 11 August 2009.
  9. ↑ "George Foulkes MSP joins our campaign for Marriage Equality". LGBT Network. 1 March 2009. Archived from the original on 7 January 2016. Retrieved 11 August 2009.
  10. ↑ "Scottish Parliament e-petitions: Right to same sex marriage". Scottish Parliament. Archived from the original on 27 July 2011. Retrieved 11 August 2009.
  11. ↑ "Parliament to consider the petition". LGBT Network. 4 March 2009. Archived from the original on 16 March 2014. Retrieved 31 March 2016.
  12. ↑ "Public Petitions Committee Official Report 17 March 2009". Scottish Parliament. 17 March 2009. Archived from the original on 5 June 2011. Retrieved 11 August 2009.
  13. ↑ "Gay Marriage in Scotland: Parliament to Ask Scottish Government to Review Marriage Act". UK Gay News. 17 March 2009. Archived from the original on 18 March 2016. Retrieved 11 August 2009.
  14. ↑ "The Equal Marriage Pledge". equalmarriage.org.uk. Archived from the original on 23 June 2010. Retrieved 11 August 2009.
  15. ↑ "Scottish Parliament e-petitions: Right to same-sex marriage and mixed-sex civil partnership". Scottish Parliament. Archived from the original on 22 April 2010. Retrieved 2 September 2009.
  16. ↑ "Public Petitions Committee Minutes of Proceedings". Scottish Parliament. Archived from the original on 5 June 2011. Retrieved 16 September 2009.
  17. ↑ "Public Petitions Committee Official Report 8 September 2009". Scottish Parliament. Archived from the original on 5 June 2011. Retrieved 16 September 2009.
  18. ↑ "EXCLUSIVE: Petitions Committee letter to Government on Marriage". OUTfrontUK. 3 December 2009. Retrieved 5 November 2010.
  19. ↑ "Exclusive: SNP leader and Scottish first minister Alex Salmond answers your questions". Pink News. 5 May 2010. Archived from the original on 13 March 2016. Retrieved 11 May 2010.
  20. ↑ Lyell, Carrie (11 December 2009). "No end in sight for marriage equality, says Scottish Equality Unit". Pink Paper. Archived from the original on 16 July 2011. Retrieved 11 May 2010.
  21. ↑ "The Registration of Civil Partnerships Same Sex Marriage - A Consultation". Scottish Government. Archived from the original on 5 March 2016. Retrieved 25 July 2012.
  22. ↑ "Consultation sees 50,000 responses". The Scotsman. 10 December 2011. Archived from the original on 2 February 2016. Retrieved 25 July 2012.
  23. 1 2 "Registration of Civil Partnerships, Same Sex Marriage: Consultation Analysis". Scotland Government. Archived from the original on 6 March 2016.
  24. ↑ "Registration of Civil Partnerships, Same Sex Marriage: Consultation Analysis" (PDF). Scottish Government. Archived from the original (PDF) on 31 March 2016. Retrieved 31 March 2016.
  25. ↑ Littauer, Dan (27 June 2012). "Scottish government sets date for gay marriage". Gay Star News. Archived from the original on 27 December 2013. Retrieved 25 July 2012.
  26. ↑ "Gay marriage to be introduced in Scotland". BBC News. 25 July 2012. Archived from the original on 6 February 2016. Retrieved 31 March 2016.
  27. ↑ "Same-sex marriage to be legalised". Government of Scotland. Archived from the original on 31 March 2016. Retrieved 25 July 2012.
  28. ↑ "Marriage and Civil Partnership (Scotland) Bill". Scottish Parliament. Archived from the original on 4 March 2016. Retrieved 31 March 2016.
  29. ↑ "Bill published to make same-sex marriage legal in Scotland". PinkNews. 27 June 2013. Archived from the original on 4 March 2016. Retrieved 31 March 2016.
  30. ↑ Woodcock, Andrew (16 July 2013). "Gay marriage moves a step closer in UK". The Australian. Archived from the original on 28 February 2014. Retrieved 31 March 2016.
  31. ↑ "Support". Equal Marriage Scotland. Archived from the original on 1 January 2014. Retrieved 1 July 2013.
  32. ↑ Dinwoodie, Robbie (31 August 2013). "Same-sex marriage Bill to be fast-tracked through Holyrood". The Herald. Archived from the original on 13 March 2016. Retrieved 31 March 2016.
  33. ↑ McCormick, Joseph Patrick (20 November 2013). "Equal marriage bill overwhelmingly passes Stage 1 Debate in Scottish Parliament". PinkNews. Archived from the original on 3 March 2016. Retrieved 31 March 2016.
  34. 1 2 3 "Scotland's same sex marriage bill: How MSPs voted". BBC News. 20 November 2013. Archived from the original on 7 January 2016. Retrieved 22 November 2013.
  35. ↑ Sampy, Rochelle (19 December 2013). "Scottish Parliamentary committee rejects attempts to waterdown same-sex marriage bill". PinkNews. Archived from the original on 3 March 2016. Retrieved 31 March 2016.
  36. ↑ Roberts, Scott (16 January 2014). "Scottish parliamentary committee votes to remove spousal veto from equal marriage bill". PinkNews. Archived from the original on 7 January 2016. Retrieved 31 March 2016.
  37. ↑ Littauer, Dan (4 February 2014). "Scotland legalizes same-sex marriage". LGBTQNation. Archived from the original on 7 January 2016. Retrieved 31 March 2016.
  38. ↑ "Scotland's same-sex marriage bill is passed". BBC News. 4 February 2014. Archived from the original on 6 January 2016. Retrieved 2 April 2016.
  39. ↑ Macnab, Scott (16 December 2014). "Same-sex marriage becomes legal in Scotland". The Scotsman. Archived from the original on 2 January 2016. Retrieved 2 April 2016.
  40. ↑ "Date set for first same-sex marriages in Scotland". BBC News. 13 October 2014. Archived from the original on 31 January 2016. Retrieved 15 December 2014.
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