Equal Marriage Becomes Legal in Scotland

Douglas Pretsell & Peter Gloster

Same-sex couples can now marry, those in civil partnerships can convert to marriage, and couples with foreign same-sex marriages will be recognised.

Scotland's historic equal marriage legislation came into effect at midnight today meaning that same-sex marriage is now legal in Scotland.
 
In February, Scotland became the 17th Country in the world to legalise same-sex marriage after the Scottish Parliament passed the Marriage and Civil Partnership (Scotland) Act 2014 by an overwhelming 105 votes to 18, the third strongest majority for any same-sex marriage legislation in the world. The Act received Royal Assent in March and the Scottish Government has since been implementing the new law, including passing the necessary secondary legislation to bring it into effect.
 
From today, same-sex couples will be able to give notice of their intention to marry and following the usual 15 day notice period the first same-sex marriage ceremonies will take place on Hogmanay. However, Scotland's first same-sex marriages will officially start today as those couples in Scottish civil partnerships have the option to convert to marriage through a free administrative process at registration offices across Scotland and at certain UK embassies abroad. While those couples already in a foreign same-sex marriage will also now be recognised as married in Scotland, rather than recognised as being in a civil partnership as was previously the case.
 
Also from today married transgender people will no longer be forced to divorce the person they love before they are allowed to have the gender they live as recognised in law. Furthermore, because there is no 'spousal veto' on gender recognition in Scotland, the decision of a married trans person to get legal recognition of their gender will now be respected as their human right, and not a decision that can be blocked by a spouse.
 
The Equality Network, Scotland's national lesbian, gay, bisexual, transgender and intersex (LGBTI) equality charity, who ran the Equal Marriage campaign in Scotland, welcomed the new law as a 'hugely important step forward for LGBTI rights.'
 
Tom French, Policy and Public Affairs Coordinator for the Equality Network, said; 

"After many years of campaigning, we are delighted that as of today same-sex marriage is now legal in Scotland. We wish all those couples who are getting married today, and those planning to do so in future, all the best. Today is both a day of celebration and a hugely important step forward for LGBTI rights in Scotland, both in terms of equality in the law and the way in which same-sex relationships are viewed in society. In recent years Scotland has become a leading light on LGBTI equality, with one of the most progressive equal marriage laws in the world, helping to create the fair and equal society we all want to see."
 
The first couple to make use of the new law were Douglas Pretsell and Peter Gloster, who converted their Scottish civil partnership to a Scottish marriage at the British Consulate in Melbourne, Australia, as soon as the law came into effect at one minute past midnight UK time (11.01am Australian Eastern Daylight Time) on 16 December. Douglas, who is originally from Edinburgh, and Peter, from Melbourne, have been together for seven years and had their civil partnership in August 2010 at Fenton Tower in North Berwick, East Lothian.
 
Douglas Pretsell and Peter Gloster, said; 

"We are so proud of Scotland for introducing equal marriage, and we hope that other countries like Australia will soon follow Scotland's lead. We always considered our civil partnership to be our marriage, but in the eyes of the law and society it wasn't held in the same regard. Prior to today same-sex couples were deliberately treated as though our relationships were inferior and not worthy of the same recognition or respect. Well from today its official, we are married and we have the certificate to prove it. This is an important step forward for equality both in terms of the law, but also in the way that LGBTI people will be viewed and treated in our society."
 
Douglas and Peter's marriage was welcomed by LGBTI equality campaigners in Australia, where same-sex marriage continues to be prohibited by law. 
 
Rodney Croome, National Convenor of Australian Marriage Equality, said:

"I'm sure I speak for the majority of Australians who support marriage equality when I heartily congratulate Scots on this important milestone.  Australia has many historical and cultural ties with Scotland and I look forward to the time when another tie is that both countries treat all loving couples with equal dignity and respect."
 
The first couple to convert their civil partnership to marriage in Scotland will be Scott and David Barclay from Glasgow, who have been together for eleven years and had their civil partnership in June 2007. The couple will convert their civil partnership to marriage first thing this morning at Glasgow City Council Registration Office. 
 
Speaking before their civil partnership conversion, Scott and David Barclay, said; 

"We are thrilled that within a matter of hours we will finally be able to call ourselves married and that our relationship will, for the first time, be seen as truly equal in the eyes of the law. We are very proud to be part of this historic change and want to thank the Equality Network, the Scottish Government and all those who spoke out and fought for our equality. This is hugely personal for us as despite being in a committed relationship for nearly 11 years, paying our taxes and making an equal contribution to society, we have always been very aware that we were not offered the same treatment or respect, and have until now been denied the equal right to get married just like our straight friends and family. What a way to end such a momentous year for Scotland than to be one step closer to achieving full equality for LGBTI people."

Marco Biagi MSP, Scottish Government Minister for Local Government and Community Empowerment, who has responsibility for implementing the Marriage and Civil Partnership (Scotland) Act 2014, said; 

"There is no doubt this has been an excellent year for equality in Scotland.  I’m very proud that I will be here today with Scott and David to see them change their civil partnership into a marriage just as I was very proud to be part of the parliament that passed the Marriage and Civil Partnership (Scotland) Bill. I am absolutely delighted that same-sex couples will now have the same rights to be married as everyone else.  This is another very important day for everyone in Scotland and sends a very clear message to the rest of the world about how we view equality."

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