Civil partnership in Scotland

Last updated

Civil partnerships have been recognised for same-sex couples in Scotland since 2005 following the enactment of the Civil Partnership Act 2004 . [lower-alpha 1] The Act gives same-sex couples most (but not all) of the rights and responsibilities of civil marriage. [2]

Contents

On 4 February 2014, Scotland became the 17th country to permit marriage between same-sex individuals. [3] Since the Scottish Government had announced a consultation on legalising same-sex marriage in September 2011, the Government's initial view was stated to be in favour of legalisation of both civil and religious same-sex marriage, but allowing religious bodies to opt out of performing same-sex marriages if they so wished. As passed in 2014, the law establishing marriage equality in Scotland did not require religious institutions to hold ceremonies on their premises.

Move towards equal marriage

The consultation of 2011 provoked widespread debate and garnered 50,000 responses. The Equality Network gathered over 20,000 responses in favour of the change with a significant majority (18,500) submitted via the Equality Network's Equal Marriage consultation website. [4] Scotland For Marriage, a coalition of religious bodies opposed to the change, submitted around 20,000 postcards to the Scottish Government in addition to a 9,000 signature petition. [5] [6]

After analysis of the responses, the Scottish Government announced it intended to go ahead with the legalisation of same-sex marriages, though with plans to put in safeguards to prevent religious bodies that do not wish to carry out such ceremonies from being prosecuted. They found that, of respondents in Scotland, 36% of those were in favour and 64% against the proposals when considering all submissions - standard responses, postcards and petitions. When standard responses alone were considered, 65% were in favour and 35% against the proposals. [7]

The Marriage and Civil Partnerships (Scotland) Bill was put before the Scottish Parliament at the end of June 2013 and passed in February 2014. [8]

Background

Civil partnerships have been recognised for same-sex couples in Scotland since 2005 following the enactment of the Civil Partnership Act 2004 . [lower-alpha 2] The Act gives same-sex couples most (but not all) of the rights and responsibilities of civil marriage. [10] Civil partners are entitled to the same property rights as married opposite-sex couples, the same exemption as married couples on inheritance tax, social security and pension benefits, and also the ability to get parental responsibility for a partner's children, [11] as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next of kin rights in hospitals, and others. There is a formal process for dissolving partnerships akin to divorce.

The legalisation of same-sex marriage in Scotland has had several notable impacts on legislation relating to Scottish civil partnerships. The Scottish Government has elected to introduce: [12]

Since November 2015, civil partnerships originating elsewhere in the United Kingdom other than Scotland (including Northern Ireland) can be converted to a marriage without the couple being forced to dissolve the civil partnership. [13] In June 2020, the Scottish Parliament passed legislation opening civil partnerships to different-sex couples. [14]

Statistics

According to the National Records of Scotland, 6,014 same-sex civil partnerships were registered in Scotland between 2005 and 2022. [15] By Scottish council area, most same-sex partnerships were performed in the City of Edinburgh (1,559), followed by Glasgow City (1,160), Dumfries and Galloway (609), Fife (276), Highland (222), Aberdeen City (194), Argyll and Bute (157), Perth and Kinross (153), Dundee City (139), South Lanarkshire (121), Stirling (118), Aberdeenshire (116), the Scottish Borders (115), North Ayrshire (106), South Ayrshire (99) and West Lothian (99), North Lanarkshire (95), East Lothian (93), Falkirk (83), Renfrewshire (69), Moray (60), Midlothian (54), Angus (53), West Dunbartonshire (52), East Dunbartonshire (50), East Ayrshire (43) and East Renfrewshire (43), Clackmannanshire (33), Inverclyde (27), the Orkney Islands (7) and the Shetland Islands (7), and Na h-Eileanan Siar (2). [15]

Same–sex marriage

Same-sex marriage has been legal in Scotland since 16 December 2014. As family law is not reserved to the Parliament of the United Kingdom, the Scottish Parliament has legislative competence to make changes to the law on marriage. [16] A same-sex marriage law was approved by the Scottish Parliament in February 2014 and received royal assent on 12 March 2014. It came into effect on 16 December with many civil partners converting their relationships into marriages, while the first same-sex marriage ceremonies occurred on 31 December 2014. Civil partnerships for same-sex couples have been legal in Scotland since 2005.

See also

Notes

  1. Scottish Gaelic: Achd Com-pàirteachasan Sìobhalta 2004, pronounced [axkkomˈpaːrˠʃtʲəxəs̪ənˈʃiːvəl̪ˠt̪ə] ; [1] Scots: Ceevil Pairtnership Act 2004, pronounced [ˈsiːvəlˈpertnərʃɪpak(t)]
  2. Scottish Gaelic: Achd Com-pàirteachasan Sìobhalta 2004, pronounced [axkkomˈpaːrˠʃtʲəxəs̪ənˈʃiːvəl̪ˠt̪ə] ; [9] Scots: Ceevil Pairtnership Act 2004, pronounced [ˈsiːvəlˈpertnərʃɪpak(t)]

Related Research Articles

<span class="mw-page-title-main">Gender Recognition Act 2004</span> UK parliament act

The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows people who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.

Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples. It was introduced via the Civil Partnership Act 2004 by the Labour government. The Act initially permitted only same-sex couples to form civil partnerships, but the law was expanded to include opposite-sex couples in 2019.

Same-sex marriage is legal in all parts of the United Kingdom. As marriage is a devolved legislative matter, different parts of the United Kingdom legalised at different times; it has been recognised and performed in England and Wales since March 2014, in Scotland since December 2014, and in Northern Ireland since January 2020. Civil partnerships, which offer most, but not all, of the rights and benefits of marriage, have been recognised since 2005. The United Kingdom was the 27th country in the world and the sixteenth in Europe to allow same-sex couples to marry nationwide.

<span class="mw-page-title-main">LGBT rights in the United Kingdom</span>

The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay, and bisexual rights are considered to be advanced by international standards.

The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.

<span class="mw-page-title-main">LGBT rights in the Isle of Man</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of the Isle of Man have evolved substantially since the early 2000s. Private and consensual acts of male homosexuality on the island were decriminalised in 1992. LGBT rights have been extended and recognised in law since then, such as an equal age of consent (2006), employment protection from discrimination (2006), gender identity recognition (2009), the right to enter into a civil partnership (2011), the right to adopt children (2011) and the right to enter into a civil marriage (2016).

<span class="mw-page-title-main">LGBT rights in Gibraltar</span>

Lesbian, gay, bisexual and transgender (LGBT) rights have evolved significantly in the past decades in the British Overseas Territory of Gibraltar. Same-sex sexual activity has been legal since 1993 and the age of consent was equalised to 16 in 2012. The Supreme Court of Gibraltar ruled in April 2013 that same-sex couples have the right to adopt. Civil partnerships have been available to both same-sex and opposite-sex couples since March 2014, and in October 2016, Gibraltar voted to legalise same-sex marriage with the Civil Marriage Amendment Act 2016 passing unanimously in Parliament. The law received royal assent on 1 November and took effect on 15 December 2016.

Same-sex marriage has been legal in Jersey since 1 July 2018. The States Assembly passed a bill allowing same-sex couples to marry on 1 February 2018. Royal assent was granted on 23 May 2018, and the law took effect on 1 July.

<span class="mw-page-title-main">Marriage in Scotland</span> United Kingdom legislation

Marriage in Scotland is recognised in the form of both civil and religious unions between individuals. Historically, the law of marriage has developed differently in Scotland to other jurisdictions in the United Kingdom as a consequence of the differences in Scots law and role of the separate established Church of Scotland. These differences led to a tradition of couples from England and Wales eloping to Scotland, most famously to marry at border towns such as Gretna Green. The legal minimum age to enter into a marriage in Scotland is sixteen years and does not require parental consent at any age.

<span class="mw-page-title-main">LGBT rights in Scotland</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".

Same-sex marriage has been legal in Scotland since 16 December 2014. As family law is not reserved to the Parliament of the United Kingdom, the Scottish Parliament has legislative competence to make changes to the law on marriage. A same-sex marriage law was approved by the Scottish Parliament in February 2014 and received royal assent on 12 March 2014. It came into effect on 16 December with many civil partners converting their relationships into marriages, while the first same-sex marriage ceremonies occurred on 31 December 2014. Civil partnerships for same-sex couples have been legal in Scotland since 2005.

Same-sex marriage has been legal in Northern Ireland since 13 January 2020, following the enactment of the Northern Ireland Act 2019. The first marriage ceremony took place on 11 February 2020. Civil partnerships have also been available for same-sex couples in Northern Ireland since their introduction by the Government of the United Kingdom in 2005.

<span class="mw-page-title-main">Recognition of same-sex unions in Europe</span> Legal recognition of same-sex relationships in Europe

Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Around 41% of the European population live in jurisdictions where same-sex marriage is legal.

Same-sex marriage has been legal in the Isle of Man since 22 July 2016. Legislation to open marriage to same-sex couples passed the House of Keys on 8 March 2016 and the Legislative Council on 26 April. It received royal assent on 13 July and took effect on 22 July. The Isle of Man was the first Crown Dependency of the United Kingdom to legalise same-sex marriage.

Same-sex marriage has been legal in Malta since 1 September 2017 following the passage of legislation in the Parliament on 12 July 2017. The bill was signed into law by President Marie-Louise Coleiro Preca on 1 August 2017. On 25 August 2017, the Minister for Equality, Helena Dalli, issued a legal notice to commence the law on 1 September. Malta was the 21st country in the world and the thirteenth in Europe to allow same-sex couples to marry nationwide.

<span class="mw-page-title-main">LGBT rights in the Falkland Islands</span>

Lesbian, gay, bisexual and transgender (LGBT) people in the British Overseas Territory of the Falkland Islands enjoy most of the same rights as non-LGBT people. Marriage and civil partnerships have been open to both opposite-sex and same-sex couples since 29 April 2017. Discrimination on the basis of sexual orientation is constitutionally banned. Additionally, attitudes are largely positive; a public consultation found that 90% of respondents were in favour of same-sex marriage.

<span class="mw-page-title-main">Marriage (Same Sex Couples) Act 2013</span> United Kingdom legislation

The Marriage Act 2013 is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales.

<span class="mw-page-title-main">Marriage and Civil Partnership (Scotland) Act 2014</span> United Kingdom legislation

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

Same-sex marriage has been legal in Gibraltar since 15 December 2016. A bill for the legalisation of same-sex marriages was approved by the Parliament on 26 October 2016 and received royal assent on 1 November 2016. Gibraltar has also allowed civil partnerships since 28 March 2014.

Thailand does not recognize same-sex marriages, civil unions, domestic partnerships, unregistered cohabitations, or any other form of same-sex unions. Several bills for civil partnerships and same-sex marriage have been introduced and approved by the Thai cabinet since 2012 but failed to pass parliament.

References

  1. "Dè tha an riaghaltas a' dèanamh mu dheidhinn neo-ionannachd ghnè?". BBC News (in Scottish Gaelic).
  2. "Lesbians lose legal marriage bid". BBC News Online . BBC. 31 July 2006. Retrieved 23 May 2010.
  3. "Equal marriage now legal in Scotland". www.equality-network.org. Equality Network. Retrieved 6 February 2024.
  4. "Equal Marriage public consultation closes | Equal Marriage". www.equalmarriage.org.uk. Archived from the original on 22 February 2012. Retrieved 13 January 2022.
  5. "Scotland for Marriage launched on St. Andrew's Day". Archived from the original on 26 April 2012. Retrieved 2011-12-16.
  6. "Bogus names discovered on petition that attacked gay marriage - Politics - Scotsman.com". www.scotsman.com. Archived from the original on 7 January 2012. Retrieved 13 January 2022.
  7. "Same sex marriage to be legalised". www.scotland.gov.uk. Archived from the original on 25 July 2012. Retrieved 13 January 2022.
  8. "Scotland's same-sex marriage bill is passed". BBC News. 4 February 2014. Retrieved 20 January 2021.
  9. "Dè tha an riaghaltas a' dèanamh mu dheidhinn neo-ionannachd ghnè?". BBC News (in Scottish Gaelic).
  10. "Lesbians lose legal marriage bid". BBC News Online . BBC. 31 July 2006. Retrieved 23 May 2010.
  11. "Gay couples to get joint rights". BBC News. 31 March 2004. Retrieved 14 May 2006.
  12. "Scotland's same-sex marriage bill is passed". BBC News. 4 February 2014.
  13. "Scotland throws a lifeline to Northern Irish same-sex couples". Pink News. 3 November 2015.
  14. "Civil Partnership (Scotland) Act 2020". legislation.gov.uk. Retrieved 4 September 2020.
  15. 1 2 "Marriages and Civil Partnership - Time Series Data". National Records of Scotland. 31 May 2013.
  16. "Marriage (Same Sex Couples) Bill". UK Parliament. House of Commons Research Library. 1 February 2013. p. 42. Retrieved 31 March 2016.