Scottish Parliament to consider marriage equality Tuesday

The Scottish Parliament's Petitions Committee will be discussing PE 1239 on Tuesday 1st December, at 2pm, which calls for the legalisation os civil and religious marriage, where the religious institution consents, for same sex couples.

You can contact each of the members of the committee up to and after Tuesday to demand they do not drop the petition, and that the Government engages with the LGBT community on the issue of marriage equality.

The contact details for the committee members are here.

Mr Frank McAveety

(Labour) Mr Frank McAveety MSP
The Scottish Parliament
Edinburgh
EH99 1SP
Frank.Mcaveety.msp@scottish.parliament.uk
0131 348 5906

Anne McLaughlin
(SNP) Anne McLaughlin MSP
The Scottish Parliament
Edinburgh
EH99 1SP
Anne.McLaughlin.msp@scottish.parliament.uk
0131 348 6543

Robin Harper
(Green) Robin Harper MSP
The Scottish Parliament
Edinburgh
EH99 1SP
Robin.Harper.msp@scottish.parliament.uk
0131 348 6421

John Wilson
(SNP) John Wilson MSP
The Scottish Parliament
Edinburgh
EH99 1SP
John.Wilson.msp@scottish.parliament.uk
0131 348 6684

Bill Butler
(Labour) Bill Butler MSP
The Scottish Parliament
Edinburgh
EH99 1SP
Bill.Butler.msp@scottish.parliament.uk
0141 944 9441

Nigel Don
(SNP) Nigel Don MSP
The Scottish Parliament
Edinburgh
EH99 1SP
Nigel.Don.msp@scottish.parliament.uk
0131 348 5996

Nanette Milne
(Conservative) Nanette Milne MSP
The Scottish Parliament
Edinburgh
EH99 1SP
Nanette.Milne.msp@scottish.parliament.uk
0131 348 5651

John Farquhar Munro
(Liberal Democrats) John Farquhar Munro MSP
The Scottish Parliament
Edinburgh
EH99 1SP
John.Munro.msp@scottish.parliament.uk
0131 348 5790

Rhona Brankin
(Labour) Rhona Brankin MSP

The Scottish Parliament
Edinburgh
EH99 1SP
Rhona.Brankin.msp@scottish.parliament.uk
0131 348 5838



You can read the latest submission from the petitioner after the jump.
 
 
PE 1239 - Right to Same Sex Marriage


Submission to the Public Petitions Committee on the response of the Minister for Community Safety of 30th September, 2009.

Executive Summary

Regardless of the legislative problems outlined, there are three key questions that the Scottish Government should answer;

1) Does the Scottish Government accept that the current law barring same sex couples from marrying is unfair and represents an inequality?


2) Does the Scottish Government accept that this is a high priority for LGBT people?


3) Will the Scottish Government engage directly with LGBT groups on overcoming the various obstacles to a change in the law?


Why these three questions should be answered
Let me not to the marriage of true minds
Admit impediments. Love is not love
Which alters when it alteration finds,
Or bends with the remover to remove:
Oh, no! it is an ever-fixéd mark,
That looks on tempests and is never shaken;
It is the star to every wandering bark,
Whose worth's unknown, although his height be taken.
Love's not time's fool, though rosy lips and cheeks
Within his bending sickle's compass come'
Love alters not with his brief hours and weeks,
But bears it out even to the edge of doom.
If this be error and upon me proved,
I never writ, nor no man ever loved.

William Shakespeare, Sonnet 116

The right to marriage is about access to the institution of Love. It is the state that regulates both civil and religious marriage, and whether rightly or wrongly it is the state that decides who may enjoy the emotional and spiritual benefits that marriage confers on a couple.

What I and more than two thousand people who have signed PE1239 and PE1269 are seeking is equality under the law in respect to our relationships. That we are entitled to most of the legal benefits of marriage, except the right to be wed under the eyes of God in a place of worship, is settled policy. Yet we as LGBT people are excluded from having our love regarded as equal to the love of anyone else. We are excluded from the benefits only marriage can bring.

Every time I hear stories of love, of couples getting married and celebrating their commitment to each other in front of friends and family in a wedding, I am reminded of how my partner and I are legally barred from doing the same thing.

Despite the legal similarities that Civil Partnership offers, I believe it is a sub standard alternative, unequal to the right of marriage. I do not consider myself to be a second class citizen of this country; therefore I do not wish to participate in an institution that would classify me as such. I believe that I and every other gay and lesbian person in Scotland deserve the right to be treated equally and have their relationship regarded with equal respect.

As Shakespeare wrote, “Love alters not with his brief hours and weeks, But bears it out even to the edge of doom.” When two people come together in love, why should they be prevented from marrying? From expressing to their friends and family that their love for each other is perpetual and enduring? That they can and will commit to each other by participating in such a sacred institution as marriage? There is a consensus that same sex couples deserve similar substantive rights, yet are refused the recognition of marriage and access to its spiritual and emotional benefits.

Why? Neither the Scottish nor the UK Governments have presented any evidence that supports refusing same sex couples entry into the institution of marriage. If the Scottish Government is to refuse to investigate, let alone legislate for same sex marriage because it objects to the idea of two men or two women getting married, then that is a reasonable and legitimate point. However the public has a right to know if any such specific reasons exist, and if so, what they are. Those reasons would then be able to be debated and discussed openly by the public at large and through the democratic process.

Therefore it is incumbent on the Scottish Government to answer on the broader point, do they agree that same sex couples should be able to have a civil marriage or a religious marriage, if the religious body consents; regardless of the legislative issues at hand or the fact that civil partnerships confer similar rights;

Does the Scottish Government accept that the current law barring same sex couples from marrying is unfair and represents an inequality?

During the Pride celebrations held in Edinburgh over the summer, we heard from priests and politicians who were in support of same sex marriage. The Equality Network has conducted surveys of the LGBT community in Scotland on the issue of same sex marriage. 85% of respondents believed that the law should be changed to allow same sex marriage, and a majority say that it is of a high priority.

Added to this the fact that two petitions have been raised on this issue, with thousands of signatures between them, hundreds of letters have been sent to elected members and the committee has heard from dozens of interested parties, faith groups, LGBT groups and other politicians who support same sex marriage.

Whilst other groups like LGBT Youth Scotland have since accepted this is as one of their two key issues to work on and the Journal of the Scottish Legal Action group affirmed that the Scottish Government must address this issue and “either defend inequality, or get rid of it.”

This issue is not just of the highest priority for LGBT people in Scotland, but is an important part of the wider equalities agenda. Therefore;

Does the Scottish Government accept that this is a high priority for LGBT people?

The latest response from the Scottish Government is troubling in that it not only dismisses legislating but dismisses even investigating the issue. I believe that I and the 2,000 people that have signed the two same sex marriage petitions deserve more of an answer from our Government as to why we are being denied the fundamental right to marry.

There have been no demonstrations, no rowdy debates or scenes of anger at this very real and very hurtful inequality. We in support of these petitions have conducted ourselves with the utmost decorum and respect for the institutions of Scottish democracy. We have continuously engaged with the political process throughout the last year using the most respectful means available; the writing of letters, the raising of petitions and holding of public meetings.

We have proved that this is of the highest priority for a majority of gay and lesbian Scots; we have offered ways and means on how legislation could be move forward. The very least we should expect from our Government is that they respectfully engage with us over an issue that we have time and time again shown to be of great importance to our community.

We are of course more than willing to debate the obstacles of same sex marriage legislation through the medium of the Petitions Committee. However it may make more practical sense for the Government to engage with us directly. I believe we have firmly demonstrated over the last year of campaigning that we more than deserve direct talks with the Government on overcoming the legitimate obstacles that they have presented. Shirley-Anne Somerville MSP, a noted supporter of this petition and campaigner for same sex marriage, wrote to the committee at the last meeting to say

"I believe these issues are not insurmountable but would like to see further research done to consider in more detail the legislative changes which would be required and the cross-border issues that are involved."

The desire of lesbian and gay Scots to marry their partners will not disappear simply because it remains legally denied to us. The issue will not go away because the Scottish Government refuses to interact with it. Nor will I accept the Government’s position that legislation is too difficult whilst it remains un-investigated. Therefore the third point that the Government should answer is;

Will the Scottish Government engage directly with LGBT groups on overcoming the various obstacles to a change in the law?



Nick Henderson,

Petitioner.