Scotland legislates for same-sex marriage

Health secretary Alex Neil says it will be seen as ‘one of the great days’ in Scottish history

Larry Lamont and Jerry Slater take part in a symbolic same-sex marriage outside the Scottish Parliament in Edinburgh yesterday. Photograph:  Russell Cheyne/Reuters
Larry Lamont and Jerry Slater take part in a symbolic same-sex marriage outside the Scottish Parliament in Edinburgh yesterday. Photograph: Russell Cheyne/Reuters


Scotland's first same-sex marriage will take place later this year. This follows a decision by the Scottish Parliament to change the law last night in a vote that had been strongly opposed by Scottish churches and conservatives.

Members of the Holyrood parliament in Edinburgh were given a free vote minutes after health secretary Alex Neil declared it would be seen in history as "one of the great days". "Live and let live," he told them.

The vote came 34 years after Scotland decriminalised homosexuality in 1980 – a full 13 years after sexual acts in private between people of the same sex had been legalised in England and Wales.

“All couples in Scotland in a loving relationship must know that they have the same rights and responsibilities, and regardless of their gender, the same opportunity to get married,” Mr Neil said.

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Saying “the last great reform in law” had been made, Labour MSP Drew Smith predicted there “are many great days” of celebration ahead for couples who will wed in the months and years ahead.

The passage of the Marriage and Civil Partnership (Scotland) Bill follows last summer’s vote by MPs in the House of Commons to clear the way for same-sex marriage in England and Wales.

The first ceremonies in Scotland are expected by July, although equality law in the House of Commons will first have to be amended to ensure that Scottish religious cannot be forced to conduct marriages against their will.

Clergy prepared to carry out same-sex ceremonies will have to opt in, said Mr Neil, while protections will also be introduced to protect the rights of teachers and those in the legal system opposed to it.


'Inadequate safeguards'
The Church of Scotland has said it cannot support the legislation, fearing there are "inadequate safeguards for religious bodies and ministers and people of faith who view this as being contrary to their beliefs".

However, it rejected charges of discrimination: “We reiterate that we believe homophobia to be sinful and we reaffirm our strong pastoral commitment to all people in Scotland, regardless of sexual orientation or beliefs.”

Meanwhile, a significant number of MSPs who favoured the legislation said they had faced a tide of vituperative, often vicious letters and emails from conservative opponents of same-sex marriage.

Independent MSP John Finnie said he had received a letter from a Free Presbyterian minister who told him that he, the minister, “was free of complicity from you dying of your iniquity”.

But some same-sex marriage opponents working for Scottish public bodies fear they will face discrimination because of their views, while registrars will be required to carry out same-sex ceremonies.

Scottish National Party MSP John Mason warned that “we may well be, and probably are, opening the door to more discrimination of religious and other people who think a bit differently from the rest of the society”.

Urging fellow MSPs to vote for the legislation, Aberdeen-based Labour MSP Kevin Stuart said: “Think of your children and grandchildren if they turn out to lesbian, gay, bisexual or transgender.”

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times