Family Law News Edinburgh

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Same sex marriage to be legalised

The Scottish Government has announced its intention to legislate to allow same sex marriage.

However, legislation will be accompanied by important protections for freedom of speech and religion.

As indicated in the consultation, no religious body will be compelled to conduct same sex marriages - protection for religious bodies who do not wish to conduct same sex marriages already exists under UK equality law.

Where a body does decide to conduct same sex marriages, the Scottish Government also intends - again, in line with the view expressed in the consultation - to protect individual celebrants who consider such ceremonies to be contrary to their faith.

To give certainty around this protection, the Government considers that an amendment to the UK Equality Act will be required. It will work with the UK Government to secure agreement to such an amendment before the formal introduction of a Bill to the Scottish Parliament and with a view to it being in place before the Bill comes into force.

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