No legal bar

Published on 23/07/2012 00:00

I DISAGREE with the legal view put forward by the Scotland for Marriage Campaign (your reports, 18 July), first that human rights will be harmed through the introduction of same-sex marriage and second that celebrants or religious organisations who refused to conduct same-sex marriage would face discrimination law claims under the Equality Act 2010.

I also disagree with the suggestion that before any legislation concerning same-sex marriage could be introduced into the Scottish Parliament that the Equality Act 2010, an Act of Parliament reserved to Westminster, would require amendment first.

It is important to be clear that the Scottish Parliament has the legal authority to introduce legislation to permit same-sex marriages in Scotland without any amendment to the Equality Act. Furthermore, any legislation enacted by the Scottish Parliament has to comply with the European Convention on Human Rights.

In practice, this would mean that any legislation brought forward concerning same-sex marriage would have to contain a “conscience clause” permitting an opt-out, based on religious convictions. This would protect the human rights of those who disagreed with same-sex marriage, such as individual celebrants or the religious body to which they belong. It is imperative that politicians do not seek to confuse the two issues.

General objections to non-discrimination provisions under the Equality Act as put forward by many religious bodies are a separate legal issue and a separate political debate. There is no reason, therefore, to use the Equality Act as an excuse to delay the introduction of same-sex marriage legislation in the Scottish Parliament.

Daniel Donaldson

Solicitor

Wester Drylaw Drive

Edinburgh