The Scottish Human Rights Commission (the Commission), in a response to the Scottish Government consultation on same sex marriage, has called for same sex couples to be allowed to legally marry in Scotland.

Key points from the submission are:

• The Commission 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.

Diego Quiroz, legal officer at the Commission said:

“While there is no clear consensus across Europe or in judgments from the European Court of Human Rights to require States to permit same sex marriage, it is clear that it is permitted under the European Convention of Human Rights, and there are now a number of European countries which have ended the exclusion of same sex couples being legally married. The United Nations and other international bodies have shown a growing interest in protecting same sex marriage. Enabling same sex couples to legally marry, and heterosexual couples to enter into a civil partnership would promote and protect equality for all in Scotland.”

“The right to freedom of religion is a qualified right under the European Convention and it should be protected in any new legislation. This is also the position the Scottish Government sets out in the consultation paper. In our submission the Commission is clear that no religious body or celebrant should be obliged to solemnise same sex marriages or required to register a civil partnership against their religious beliefs.”