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Gay marriage: draft bill launched in Scotland Gay marriage: Draft bill launched in Scotland
(about 1 hour later)
The Scottish government has published its proposed legislation to introduce gay marriage.The Scottish government has published its proposed legislation to introduce gay marriage.
Ministers, who previously decided they want to make the change, are now asking for people's views on a draft bill to be put to the Scottish Parliament.Ministers, who previously decided they want to make the change, are now asking for people's views on a draft bill to be put to the Scottish Parliament.
The move came after the UK government announced plans for gay marriage in England and Wales. Under the plans, religious and belief bodies would need to "opt in" to perform same-sex marriages.
The Church of England and Church in Wales will be banned in law from offering same-sex marriages. Both the Church of Scotland and Roman Catholic Church are opposed to the proposals.
Other religious organisations would be able to "opt in" to holding ceremonies, UK Culture Secretary Maria Miller announced on Tuesday. Scottish ministers have insisted no part of the religious community would be forced to hold same-sex weddings in churches.
There are no plans to introduce similar conditions in Scotland, although SNP ministers have insisted no part of the religious community would be forced to hold same-sex weddings in churches.
The Scottish government also said it would work with UK ministers to amend equality laws, to protect celebrants from legal or disciplinary action if they refuse to take part or speak out against same-sex ceremonies.The Scottish government also said it would work with UK ministers to amend equality laws, to protect celebrants from legal or disciplinary action if they refuse to take part or speak out against same-sex ceremonies.
The href="http://www.scotland.gov.uk/Publications/2012/12/9433/0" >consultation on its draft Marriage and Civil Partnership Bill - opposed by the Church of Scotland and Catholic Church - will run until 20 March, 2013. The move came after the UK government announced plans for gay marriage in England and Wales.
The Church of England and Church in Wales will be banned in law from offering same-sex marriages, with other religious organisations able to opt in to holding ceremonies.
The Scottish government's consultation on its draft Marriage and Civil Partnership Bill will run until 20 March, 2013.
Scottish Health Secretary Alex Neil said of the plans, which have cross-party support: "We are introducing same-sex marriage in Scotland because it is the right thing to do."Scottish Health Secretary Alex Neil said of the plans, which have cross-party support: "We are introducing same-sex marriage in Scotland because it is the right thing to do."
The bill contains a number of other measures, including: The draft bill contains several measures, including:
  • Allowing civil marriage ceremonies to take place anywhere agreed by the registrar and the couple, other than religious premises.
  • Establishing belief ceremonies, such as humanist ceremonies as a "third form of marriage", alongside religious and civil events.
  • Authorising Church of Scotland deacons to solemnise opposite sex marriage.
  • Possible tests for religious and belief bodies to meet when solemnising marriages or registering civil partnerships, to ensure the "robust nature" of Scotland's marriage system.
  • Introducing religious and belief ceremonies to register civil partnerships.
  • Provision making it clear that the introduction of same sex marriage has no impact on existing rights to freedom of speech.
  • Allowing civil marriage ceremonies to take place anywhere agreed by the registrar and the couple, other than religious premises
  • Religious and belief bodies will have to opt in to perform same-sex marriage
  • Celebrants who are part of an organisation which has not opted in would not be allowed to conduct same-sex marriages
    •
  • Establishing belief ceremonies, such as humanist ceremonies as a "third form of marriage", alongside religious and civil events
    •
  • Authorising Church of Scotland deacons to solemnise opposite sex marriage
  • Possible tests for religious and belief bodies to meet when solemnising marriages or registering civil partnerships, in light of increasing concerns over sham and forced marriages
  • Introducing religious and belief ceremonies to register civil partnerships
  • Provision making it clear that the introduction of same-sex marriage has no impact on existing rights to freedom of speech and that it is possible oppose to same-sex marriage "without being homophobic"
  • An intention to recognise same-sex marriages registered elsewhere in the UK and overseas.
    •
Mr Neil said: "We are striving to create a Scotland that is free, tolerant and fair and I am pleased to say there is support across the chamber for this significant step." Rev Alan Hamilton, convener of the Church of Scotland's legal questions committee, said that, unless the organisation's General Assembly decided otherwise, it would oppose same-sex marriage.
He added: "We have also expressed concerns about the speed with which the government is proceeding with this and what we fear will be inadequate safeguards for religious bodies and ministers and people of faith who view this as being contrary to their beliefs."
Announcing the consultation, Mr Neil said: "We are striving to create a Scotland that is free, tolerant and fair and I am pleased to say there is support across the chamber for this significant step."
Willie Rennie, the Scottish Liberal Democrat leader, added: "Equal marriage is the right and natural step towards the modern, tolerant and progressive Scotland we all want to see."Willie Rennie, the Scottish Liberal Democrat leader, added: "Equal marriage is the right and natural step towards the modern, tolerant and progressive Scotland we all want to see."
The Greens' Patrick Harvie said his party had supported equal marriage for more than a decade, adding: "Wider Scottish public and political opinions have been moving in the direction of equality for many years too, and I congratulate the Scottish government for taking this next logical step."The Greens' Patrick Harvie said his party had supported equal marriage for more than a decade, adding: "Wider Scottish public and political opinions have been moving in the direction of equality for many years too, and I congratulate the Scottish government for taking this next logical step."
Independent MSP Margo MacDonald, said of the consultation: "The more people who discuss the question, the harder it will be for anyone to recommend that such an inequality of treatment should be tolerated." Independent MSP Margo MacDonald said of the consultation: "The more people who discuss the question, the harder it will be for anyone to recommend that such an inequality of treatment should be tolerated."
The draft bill came following a previous Scottish government consultation on the issue, which produced a record 77,508 responses.The draft bill came following a previous Scottish government consultation on the issue, which produced a record 77,508 responses.
Same-sex couples in Scotland currently have the option to enter into civil partnerships, and there has been an indication that the earliest gay marriage ceremonies could take place by the start of 2015.Same-sex couples in Scotland currently have the option to enter into civil partnerships, and there has been an indication that the earliest gay marriage ceremonies could take place by the start of 2015.