I responded to the Scottish Government’s consultation on lifting the ban on same-sex couples marrying in Scotland. (You can too: www.equalmarriage.org.uk.)
Question 10: Do you agree that the law in Scotland should be changed to allow same-sex marriage?
Yes. Please give reasons for your answer: There’s no reason to ban same-sex couples from getting married and that by itself is enough reason to change the law. Scotland ought to be a country which stands for fairness, justice, and equality. It should be up to each couple to decide for themselves how they want to solemnise their relationship. There’s been a lot of nonsense talked about how this will “damage” or “redefine” or “taint” marriage, or somehow lead to polygamous marriage or nebulous dangers to society. All of this has been said before by the Christian Right in the US – and all of it has been disproved in court in the US. It’s a sad shame that so many religious figures in Scotland are taking their cue directly from right-wing hate groups that use Christianity as their excuse to promote homophobia. They haven’t got any real reasons to oppose same-sex couples getting married, and there are solid reasons why a couple would want to marry – their religious beliefs, their preference for a universally-understood relationship, improved international recognition of their status if they travel. Denial of marriage to same-sex couples is a pointless discrimination.”
Question 13: Do you agree that same-sex couples should be able to get married through both civil ceremonies (conducted by a registrar) and religious ceremonies (conducted by those religious groups that want to)?
Yes. Please give reasons for your answer: Mixed-sex couples in Scotland have always been able to decide if they want to get married by a civil or a religious ceremony – there’s no reason to ban same-sex couples from the same choice.
Question 19: If Scotland should introduce same-sex marriage, do you consider that civil partnership should remain available?
Yes. Please give reasons for your answer: Some couples may still prefer to register via civil partnership instead of marriage, and the choice should remain open for them. Civil partnership should be opened up to mixed-sex couples. This would simplify international recognition as couples who have registered a civil partnership elsewhere (in New Zealand or in the Netherlands, for example) could be recognised as having a civil partnership in Scotland, whether same-sex or mixed-sex.
Question 1: Do you agree that legislation should be changed so that civil partnerships could be registered through religious ceremonies?
No. Please give reasons for your answer: I think it would be unfair to a registrar. Registrars perform civil partnership ceremonies and they shouldn\’t be required as part of their job to perform a religious ceremony which they may not agree with.
Question 5 & 11: Do you agree that religious bodies should not be required to conduct same-sex marriages or civil partnerships if it is against their wishes?
Yes. Please give reasons for your answer: Basic religious freedom. No religion should be required to solemnise a couple’s relationship if they feel it’s against their faith. Besides, who wants a dour pastor girning away as he sourly performs the marriage, on what should be the happiest day of their lives? Common sense and religious liberty both say it shouldn’t be required of a minister of religion who doesn’t want to do it.
Question 20: Do you have any other comments? For example, do you have any comments on the potential implications of the proposals for transgender people?
At the moment, with same-sex marriage and mixed-sex civil partnership banned by law, if a couple are married / in a civil partnership and one of them wants to transition, they’re required to get a divorce before the trans partner can get the final gender recognition certificate. This is profoundly wrong. No couple should be forced into divorcing against their will. If the law were changed to allow for same-sex marriage and mixed-sex civil partnership, mandated divorce in the gender recognition process would disappear.
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