The Scottish Government consultation on civil union and same sex marriage has just closed. Although I have stated that my views are available for public reference, I thought I would save you all the time and post them here.
In my younger days, I was always a bit suspect on the topic of homosexuality. There was the suspicion in my mind, put there by others, that it was a habit that could be acquired. It was a workmate that put me straight (no pun intended) though. He explained it thus.
“Gay people can’t help how they feel. I mean, when I was a little boy, I knew that I liked girls; couldn’t help it.” I was the same so that was that. One can’t choose who is attractive and who is not. That being said, there are implications for behaviour of the individual. Society has agreed that sex is for consenting adults and that rule applies to everybody. We all agree on that.
The basis of my approach is that of equality, both of opportunity and under the law. The problem on this topic is the involvement of religious bodies. When it comes to sexual orientation, most religious teaching is rigid in their approach: same-sex relationships are wrong. If an individual feels such desire, then they must be denied. I always found that ironic: after all the “celibate” life, the monastic retreat from society often gave a socially acceptable outlet for (what is today called) gay people. The trick then is how to find a way to give gay people the opportunity to not only have the legal right to be married, in a ceremony with a religious dimension (if that is desired) and at the same time uphold the right of celebrants (those legally allowed to conduct services) and religious bodies to refuse. Not that I agree with the latter view but that is the essence of democracy: the right to be wrong and uphold that view in public.
Being a liberal is to believe in the individual and seek to encourage the best a person can give. I have therefore taken the approach that the decision whether to conduct a service should be left to the individual celebrant. I advocate an opt-in scheme for celebrants because I recognise that to grant all celebrants the automatic right to conduct same-sex marriages is something that many of them would object to. The other alternative put forward in the consultation paper is to allow religious organisations to supply a list of celebrants that they authorise to conduct services is obviously wrong. If the leadership objects to the basic concept, then it would be simple to enforce a blanket ban.
In my approach, I do advocate some loss of rights for religious bodies and this is mainly in the use of religious premises for the solemnisation of same-sex marriages. I recognise that this is a particularly thorny problem and it would be all too easy for a hostile religious body to forbid the use of premises they own for such ceremonies. What I suggest therefore if a celebrant wishes to hold same-sex marriage ceremonies, he or she has the right to do so in the building which is their usual place of work. By this, I mean the building in which they usually hold other ceremonies, services and prayers. I also advocate legislation to protect the jobs of celebrants who decide to take up such rights.
By leaving the decision to individual celebrants, and providing them with rights in terms of job security and resources should they choose to exercise them, I have left the rights of religious bodies and individuals to still object to same-sex unions. What is vital is that such objections do not affect the legal rights of same-sex couples. Society has traditionally recognised that people living as couples are good for society in general. It is therefore logical to broaden the opportunity for those who wish to do so. It is also right that those who see no contradiction between their religious beliefs and the reality of a person’s sexual orientation should be able to conduct ceremonies for those who wish to be married before society and God.
My answers in full are below.
CONSULTATION QUESTIONS
The registration of civil partnerships
Question 1 (Paragraphs 2.12 and 2.13)
Do you agree that legislation should be changed so that civil partnerships could be registered through religious ceremonies?
Yes Y
No
Don’t know
Please give reasons for your answer.
Comments It should be for the religious celebrants to choose whether to solemnise any relationship, as long as the partners are responsible adults in the legal sense. |
Question 2 (Paragraphs 2.14 to 2.19)
Do you think that the proposals in England and Wales on registration of civil partnerships in religious premises would be appropriate for Scotland?
Yes Y
No
Don’t know
If you have answered no, please explain what elements of the proposals in England and Wales you consider inappropriate for Scotland.
Comments |
Question 3 (Paragraphs 2.20 to 2.24)
Do you agree with allowing religious celebrants to register civil partnerships in religious premises?
Yes Y
No
Don’t know
Please give reasons for your answer
Comments This should not be a matter of law but as a choice made by the religious organisations with their celebrants |
Question 4 (Paragraphs 2.20 to 2.24)
Do you agree with allowing religious celebrants to register civil partnerships in other places agreed between the celebrant and the couple?
Yes Y
No
Don’t know
Please give reasons for your answer
Comments This is a matter of equality under law. The rights of one citizen should be equal to the rights of any other citizen, subject to agreement of the religious body. |
Question 5 (Paragraph 2.25)
Do you agree that religious bodies should not be required to register civil partnerships?
Yes Y
No
Don’t know
Please give reasons for your answer
Comments I answered yes because although I agree with the right of two individuals to marry, regardless of their sexual orientation, I also recognise that religious bodies have objections to same sex unions. While not supporting them in that view, I recognise their right to hold that opinion and thereby refuse to register same-sex partnerships. |
Question 6 (Paragraphs 2.26 and 2.27)
Do you consider that religious celebrants should not be allowed to register civil partnerships if their religious body has decided against registering civil partnerships?
Yes
No N
Don’t know
Please give reasons for your answer
Comments No – it is the right of the individuals concerned to have their partnership registered, thereby accruing the legal rights involved. If they choose to have a ceremony with a religious element, the key issue is that the registration is legally recognised, whether or not it is officially solemnised by the religious body in whose name it is said to be held under. |
Question 7 (Paragraphs 2.28 to 2.30)
Do you agree that individual religious celebrants should not be required to register civil partnerships?
Yes Y
No
Don’t know
Please give reasons for your answer
Comments While not agreeing with their view, no officer of a religious organisation should be forced to conduct a ceremony that goes against their convictions. |
Question 8 (Paragraphs 2.31 to 2.35)
Which of the options do you favour to ensure that religious bodies and celebrants do not have to register civil partnerships against their will?
Do you favour:
Option 1
Option 2
Neither Y
If you have another option, please describe it.
Comments Option 1 leaves the choice open to individual celebrants, either to offer their blessings or refuse as their conscience dictates. It does not allow an individual celebrant the option to decline the legal right. Option 2 gives all authority in the matter to the leadership of the given religious body. A third option would be to give any individual with has the authority to solemnise a marriage the option to register with the Scottish civil authorities also to have the right to be able to solemnise a same sex marriage. This option would avoid the leadership having dictatorial rights over celebrants but also allow those who do not wish to have the option not to take it up, thereby excusing themselves if approached by a couple who might otherwise wish to bring pressure to bear upon an individual celebrant. |
Question 9 (Paragraphs 2.36 to 2.40)
Religious bodies may not wish their premises to be used to register civil partnerships. Do you agree that no legislative provision is required to ensure religious premises cannot be used against the wishes of the relevant religious body?
Yes
No N
Don’t know
Please give reasons for your answer
Comments Whether a building can or cannot be used should be left up to the celebrant whose normal place of work the building is. Therefore legislation should allow for this to happen, whether or not it is with the agreement of religious bodies’ ruling body. |
Same sex marriage
Question 10 (Paragraphs 3.11 and 3.12)
Do you agree that the law in Scotland should be changed to allow same sex marriage?
Yes Y
No
Don’t know
Please give reasons for your answer
Comments If two responsible adults wish to share their lives and property in the state that is by custom called marriage, then it is proper that the rights and responsibilities entailed should be recognised by the law. This is an issue of equality of human rights. The terms “marriage” and “civil partnership” should be legally interchangeable. |
Question 11 (Paragraph 3.13)
Do you agree that religious bodies and celebrants should not be required to solemnise same sex marriage?
Yes Y
No
Don’t know
Please give reasons for your answer
Comments For reasons given above. I have outlined that the final decision should be taken by individual celebrants rather than the relevant religious ruling body. One cannot force either a religious body or their representatives into performing a solemnising act which they do not agree with. To do so will push individuals into acts of illegality for following their conscience and often their religious teachings. One can disagree with such views but they should not be made illegal. |
Question 12 (Paragraphs 3.14 to 3.18)
Do you agree with the introduction of same-sex civil marriage only?
Yes
No N
Don’t know
Please give reasons for your answer
Comments No. Ultimately the state is not the arbiter of religion and how it is practiced. To allow only for same-sex civil marriage will be popular with the religiously conservative and is effectively taking sides. |
Question 13 (Paragraph 3.19)
Do you agree with the introduction of same-sex marriage, both religious and civil?
Yes Y
No
Don’t know
Please give reasons for your answer
Comments The law should provide for the recognition, the religious celebrant should be free to decide whether the service can be provided. |
Question 14 (Paragraphs 3.23 and 3.24)
Do you agree that religious bodies should not be required to solemnise same sex marriage?
Yes Y
No
Don’t know
Please give reasons for your answer
Comments The choice should be left with individual celebrants and not with the religious body. Obviously celebrants will take guidance from the body of which the individual is a member. |
Question 15 (Paragraphs 3.25 and 3.26)
Do you consider that religious celebrants should not be allowed to solemnise same sex marriages if their religious body has decided against solemnising same sex marriage?
Yes
No N
Don’t know
Please give reasons for your answer
Comments I think legislation is necessary to protect the working rights of celebrants if an individual decides to solemnise a marriage and their view is at odds with the religious body they represent. |
Question 16 (Paragraphs 3.27 and 3.28)
Do you agree that individual religious celebrants should not be required to solemnise same sex marriage?
Yes Y
No
Don’t know
Please give reasons for your answer
Comments I believe that there should be no requirement nor even an automatic legal right. As stated before, I think that the right to solemnise a same-sex marriage should be made by application. If the individual has the right to conduct opposite-sex marriages, then this application is to be a formality asserting the right of the celebrant. The right should also be offered to newly-qualified celebrants to take up or leave as the individual sees fit then or at any time after. |
Question 17 (Paragraphs 3.29 to 3.33)
Which of the options do you favour to ensure that religious bodies and celebrants do not have to solemnise same sex marriage against their will?
Do you favour:
Option 1
Option 2
Neither N
Don’t know
Please give reasons for your answer and if you have another option, please describe it.
Comments As outlined above, I advocate the right of an celebrant to opt-in to have the right to perform a same-sex marriage. This right should be able to be exercised regardless of the view of the individual’s religious body. |
Question 18 (Paragraphs 3.34 to 3.39)
Religious bodies may not wish their premises to be used to solemnise same sex marriage. Do you agree that no legislative provision is required to ensure religious premises cannot be used against the wishes of the relevant religious body?
Yes
No N
Don’t know
Please give reasons for your answer
Comments It should be the right of the individual celebrant as to whether to use a religious premise if that place is their usual place of work and is regularly used by them for services and other ceremonies. |
Question 19 (Paragraph 3.41)
If Scotland should introduce same-sex marriage, do you consider that civil partnerships should remain available?
Yes
No N
Don’t know
Please give reasons for your answer
Comments Civil partnerships will become defunct. Those who are currently in civil-partnerships should be offered the option of keeping their legal relationship in its current state or having it changed to that of a marriage by the issue of a back-dated certificate. |
Question 20 (Paragraph 4.19)
Do you have any other comments?
Yes Y
No
We are particularly interested in your views on:
· potential implications of the proposals for transgender people (paragraph 3.42)
· possible transitional arrangements (paragraphs 3.43 and 3.44);
· recognition of Scottish same sex marriages elsewhere (paragraphs 3.45 to 3.49);
· any comments on forced marriage (paragraphs 3.51 and 3.52)
· any comments on sham marriage (paragraph 3.53)
· potential financial implications (paragraphs 4.01 to 4.08);
· potential equality implications (paragraphs 4.09 to 4.14).
Comments . People living as monogamous couples have traditionally been seen as a stabilising factor of society; it is right that the advantages should be spread as widely as possible. Legally a couple who dedicate themselves to each other ought to have all the rights, protection and responsibilities that the law and society provides. This extends to all areas: access, next of kin and financial; especially in the case of marital breakdown, divorce and rights pertaining to wills. The offering of same-sex marriage will mark out Scotland as a nation that puts human-rights and equality at the core of our identity. Human rights are about the recognition of how people are; not how others would have them be |
