Marriage and Civil Partnership (Scotland) Act 2014 Explanatory Notes

Summary and background

4.Key matters covered by the Act are:

  • the introduction of same sex marriage, so that same sex couples can marry each other;

  • putting belief celebrants on the same footing as religious celebrants;

  • the arrangements for authorising celebrants to solemnise opposite sex and same sex marriage;

  • civil partnerships changing to marriage;

  • the authorisation of Church of Scotland deacons to solemnise opposite sex marriage;

  • allowing civil marriage ceremonies to take place anywhere, other than religious premises, agreed between the couple and the registrar;

  • allowing the religious and belief registration of civil partnerships. At the moment, ceremonies to register civil partnerships can only be civil in nature (although it is possible to have a religious or belief ceremony to mark the partnership, any such ceremony would not be recognised by the state);

  • allowing transgender persons to stay married when obtaining the full gender recognition certificate, which provides legal recognition in the acquired gender.

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