Scotland’s new same-sex marriage law contains a provision stating that the introduction of same-sex marriage will have no impact on existing rights to freedom of speech and that it is possible to oppose same-sex marriage “without being homophobic”.
However, stronger protections were rejected including an amendment from the Scottish National Party’s John Mason which stated that no-one could be “compelled by any means” to solemnise gay marriage, including by a contract or a legal requirement. Mr Mason’s amendment calling for recognition that “a belief in marriage as a voluntary union between one man and one woman to the exclusion of all others for life is a belief worthy of respect in a democratic society” was also rejected.
Meanwhile, the last Catholic adoption agency still open in Scotland has won a legal battle to be allowed to continue to operate as a charity, and to place children in accordance with its ethos.
According to The Tablet, the Scottish Charity Appeal Panel unanimously overturned a previous ruling by the Office of the Scottish Charity Regulator that St Margaret’s Children and Family Care Society was breaching equality legislation by only placing children with Catholic couples who had been married for two years or more, and wished to adopt within the framework of their faith.
A spokesperson for Glasgow-based St Margaret’s expressed relief that “the threat hanging over us has been lifted”.
The decision follows the closure of all Catholic adoption agencies in England. Barrister Neil Addison, who runs the Religion Law Blog (LINK), said that the formula chosen by St Margaret’s in amending their constitution was responsible for their victory.
The English adoption agencies’ formula made specific mention of only providing adoption services to heterosexuals, whereas that chosen by St. Margaret’s merely mentioned that all its activities must be in accordance with the teachings of the Catholic Church.
It is unclear how St. Margaret’s future will be affected by the legalisation of gay marriage.















