What We Want

The Equal Marriage Campaign is calling on the Scottish Parliament to urge the Scottish Government to lift the discriminatory ban on same-sex marriage and mixed-sex civil partnership in Scotland.

As the law stands, section 5(4)(e) of the Marriage (Scotland) Act 1977 explicitly prohibits marriage from taking place between a same-sex couple, restricting it to mixed-sex partnerships only. In the same way, section 86(1)(a) of the Civil Partnership Act 2004 specifically excludes mixed-sex couples by restricting civil partnerships to same-sex partners only.

The Equal Marriage Campaign is calling upon the Scottish Parliament to urge the Scottish Government to do the following three things:

1. Lift the ban on same-sex marriage and mixed-sex civil partnership

We want the Scottish Government to legislate to open up marriage to same-sex couples, and open up Civil Partnership to mixed-sex couples. This can be done by repealing section 5(4)(e) of the Marriage (Scotland) Act 1977, and section 86(1)(a) of the Civil Partnership Act 2004.

2. Allow religious and humanist celebrants to legally solemnise same-sex marriage

We call upon the Scottish Government to enable approved religious and humanist celebrants – that wish to do so – to have the power to legally solemnise and celebrate same-sex marriage.

3. Put an end to the discrimination faced by transgender people and their partners

We call upon the Scottish Government to end the current discrimination that exists against transgender people and their partners, whereby a person cannot currently remain married or in a civil partnership if they wish to seek gender recognition and alter their legally recognised gender under the terms of the Gender Recognition Act 2004.

Why we want it

'Separate but equal' is not equality at all.

The existence of separate and different partnership institutions for same-sex couples and mixed-sex couples represents a form of segregation on the basis of sexual orientation, effectively amounting to one law for lesbian and gay people and a different law for heterosexuals.

The status quo enshrines discrimination at the heart of one of Scotland’s most significant social institutions, and in doing so perpetuates homophobia in society and compounds the notion that same-sex couples are different and by implication inferior to mixed-sex couples.

As was recognised during the civil rights movement in the United States some half a century ago 'separate but equal' is not equal at all.

We believe that all loving and committed couples in Scotland should be treated equally under the law and in wider society. If the Scottish Government chose to create segregated marriage institutions on the basis of any other factor - such as race - there would rightly be an outcry. Creating separate institutions on the basis of sexual orientation is no less offensive or demeaning.

Discrimination against transgender people and their partners

The current dual system of partnership recognition also discriminates against people who are married or in a civil partnership but wish to seek gender recognition under the terms of the Gender Recognition Act 2004. Because same-sex marriage and mixed-sex civil partnership are currently illegal transgender people are forced to undergo a divorce or dissolve their civil partnership if they wish to attain legal recognition of the their true gender.

Discrimination against religious and humanist groups

The ban on same-sex marriage also discriminates against those religious and humanist organisations who wish to solemnise same-sex marriages but are currently banned from doing so. Whilst we do not believe that religious organisations should be required to solemnise same-sex marriages unless they have agreed to do so, it should be recognised that some organisations would wish to do this but are currently unfairly prohibited. This needs to change.

Equality under the law and in society

More than 2500 same-sex couples in Scotland have so far chosen to register a civil partnership. Some of those would have married had marriage been open to them. Other same-sex couples would continue to choose civil partnership, even with same-sex marriage available. Similarly, some mixed-sex couples would like to be able to choose to register a civil partnership. Both forms of partnership registration should be available, as a matter of free choice, to all couples regardless of gender or sexual orientation.

We want a system of equal partnership rights for everyone. Only equal access to partnership rights is good enough, and we challenge anyone to provide a legitimate reason why Scotland should have separate partnership institutions for same-sex and mixed-sex couples.

Equal marriage around the world

The number of countries around the world that are making a stand for equal marriage rights is growing. Already same-sex marriage has been legalised in the Netherlands (2001), Belgium (2003), Spain (2005), Canada (2005), South Africa (2006), Norway (2009), and in the USA the states of Massachusetts (2003) and Connecticut (2008). Some of these countries also have civil partnership registration, available to mixed-sex and same-sex couples, as an alternative choice to marriage. Many other countries, states and regions are currently considering the legalisation of same-sex marriage.

Let us lead the way

Scotland must make a stand for equality now.

Equal partnership rights are inevitable. There is an unstoppable momentum driving forward full equality and human rights for LGBT people across the world, and Scotland should not be an exception.

Same-sex marriage does not hurt anyone. This is not about undermining the institution of marriage as some have claimed, but rather, it is about celebrating love and treating each other as equals with dignity and respect.

We want the Scottish Government to show Scotland to be the progressive and enlightened nation that we all know it to be, by upholding the Scottish Parliament’s founding values of equality, and proudly leading the way in making a stand against this blatant discrimination.