Commission publishes same sex marriage consultation response

The Scottish Human Rights Commission (the Commission) has published its response to the Scottish Government's consultation on same sex marriage.

The consultation, which was published in September, sets out the Scottish Government's initial view, which is that same sex marriage should be introduced but that faith groups and their celebrants should not be obliged to solemnise same sex marriages.

Currently, same sex couples can obtain legal recognition of their relationship through entering into a civil partnership, which were established across the UK by the Civil Partnership Act 2004, passed by the Westminster Parliament. However, the actual registration of civil partnerships is a devolved matter.

Civil partnerships may not take place in religious premises and can only be registered by civil registrars. However there is nothing to stop a same sex couple receiving a religious blessing for their union. This has no legal effect but can provide a blessing to suit a couple's religious beliefs. It is up to religious organisations and their celebrants to decide whether they wish to offer such blessings.

In its consultation submission, the Commission says that:

• It is of the view that the equal right of same sex couples to marry should be guaranteed in law. Legislation around same sex marriage should be sufficiently inclusive, promoting and recognising committed relationships. This change should come about whether or not the UK Government follows similar legislation.
• The principle of equality should inform both marriage, and civil partnerships in Scotland i.e. civil partnerships should also be an option for heterosexual couples.
• The Commission believes that no religious body or celebrant should be required to register a civil partnership against their religious beliefs or be obliged to solemnise same sex marriages.