The SNP, equal marriage and a large dose of red herring

Equality campaigners across Scotland were quietly confident on Tuesday. It had been widely expected that the SNP Government would at least allow equality in civil marriage if not religious. After all, the measure had already secured the support of a majority of MSPs and the Equality and Human Rights Commission report suggest sthat it has the support of over 60% of Scots. The Government's plans have, however, attracted vocal opposition from some religious organisations.

However, the Government announced that it was delaying the decision and setting up a Cabinet Committee to "further examine some particular issues of detail". A final decision would be made by the end of this month. I wrote then that there were some crumbs of comfort to be taken, most notably that Deputy First Minister Nicola Sturgeon, who has expressed her personal support for equal marriage, was in charge of this committee.

The BBC reported yesterday, though, that a leaked email from a civil servant suggested that legislation would not be forthcoming unless the UK wide Equality Act of 2010 was amended.

 We would not introduce a bill into the Scottish Parliament until we had reached agreement with the UK government on the types of amendment that might be needed to the Equality Act 2010

Apparently they want to give protect the rights of free speech to opponents of equal marriage and ensure no action could be taken against celebrants who refuse to marry same sex couples.

Cardinal Keith O'Brien has variously called same sex marriage similar to legalising slavery, promising an "unprecedented backlash" if the Government allows it. He's called it a grotesque subversion and said that:

The empirical evidence is clear, same-sex relationships are demonstrably harmful to the medical, emotional and spiritual wellbeing of those involved, no compassionate society should ever enact legislation to facilitate or promote such relationships, we have failed those who struggle with same-sex attraction.

The fact that he has been able to make these robust and, let's be honest, offensive, comments without legal consequence amply demonstrates that the law on free speech gives opponents all the protection they need.

In terms of the protection of celebrants, Schedule 23 of the Equality Act 2010 outlines when it's possible for religious organisations to discriminate against LGBT people including.

The organisation does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting—
(a) membership of the organisation;
(b) participation in activities undertaken by the organisation or on its behalf or under its auspices;

Marriage rites clearly come under sub paragraph (b). LGBT people are routinely refused full membership of churches but no legal action has ever been taken.  This shows that the Equality Act issue is a large dose of red herring.

Why, though, would the SNP raise it? Well, any discussion and subsequent amendment to the Equality Act could delay legislation beyond the referendum on independence. The former leader of the SNP Gordon Wilson last year expressed the view that allowing equal marriage could alienate  people considering voting for independence. One of the SNP's major donors, bus tycoon Brian Souter, funded the campaign against the repeal of Clause 2A (the Scottish version of Clause 28).  It's understandable that some people might feel that bringing the Equality Act into play has a strong whiff of expediency about it.

Scottish Liberal Democrat Leader Willie Rennie said that politics must not get in the way of delivering equal marriage:

I want an assurance that the Scottish Government’s demands on the Equality Act are not them putting up a straw man to appease opponents of equal marriage.  I share the view that no-one should be forced to conduct same-sex marriages.

But if changes to the Equality Act are shown to be unnecessary I hope the Scottish Government will accept that fact, and move quickly to deliver equal marriage.  Politics must not get in the way of equality for people in Scotland.

I really hope that the Government will put its energies into delivering full equality. If they do so, they will have cross party support. They will not have to face the vocal minority of opponents alone.

Tell @NicolaSturgeon: we will stand with you if you implement #equalmarriage

We're not far away now from the SNP Government up here announcing whether it will legislate for equal marriage.

In the last few days, the leader of the Catholic Church in Scotland has promised an "unprecedented backlash" if legislation is introduced. This is seen as a threat that Catholics will withdraw their support from the SNP. It's a threat the Cardinal can't hope to deliver upon. The Equality and Human Rights Commission report last year found that the Church leaders did not speak for their members. In fact, research carried out by Professor John Curtice as far back as 2006 found 57% of Catholics in favour of same sex marriage and only 25% against. Even if the Cardinal demanded that every Catholic voted against the SNP, the chances of people changing their votes in protest on this issue is small. The Cardinal can't be in the voting booth with every single Catholic.

The language becomes ever more sinister, with talk of war and backlash. Jaye Richards-Hill, who took part in last week's blessing at Holyrood with her wife Ruth has told of how she's been threatened with legal action because she used the word's "Scotland's shame" to describe the Cardinal's comments. I think her analysis is pretty fair, to be honest. The intimidation, persecution and misinformation practised by the Catholic Church on this issue is certainly nothing for our nation to be proud of.

Yesterday's Sunday Times also reported that Muslim leaders in Glasgow were also threatening to withdraw support from the SNP over the issue.

And we have to ask as well, where would they go? Labour, Green, Conservative and Liberal Democrat leaders and parties are all in favour of equal marriage and have all signed the Equal Marriage campaign's declaration. All Scotland's political leaders would stand with the SNP if they went ahead and legislated for it.
The Cardinal is kidding himself if he thinks Scottish politics is suddenly going to re-align itself in opposition to equal marriage. In fact, it might well bring some much needed harmony, common sense and consensus. The independence referendum campaign so far has had some bitterly divisive moments and some really nasty things have been said - but both Yes Scotland and Better Together showed up at Glasgow Pride on Saturday to support the cause.

There may be a few loud voices in opposition, but generally the country is behind the idea of equal marriage with almost two thirds of Scots supporting it. The SNP should follow the lead set by Deputy First Minister Nicola Sturgeon n this issue. She has said that the Government is minded to legislate to allow equal marriage. This in no way compels any religious organisations to perform marriage ceremonies they don't agree with. In turn, the leadership of those organisations should not be allowed to dictate to the rest of us how we should live our lives. The proposal to legislate for equal civil marriage and allow those religious organisations who want to conduct religious marriage ceremonies to do so maximises freedom for all. If those religious organisations want to discriminate against same sex couples, then that's for them to decide. The Government certainly should not be doing it for them.

So, today, why not tweet @nicolasturgeon and tell her you'll stand with her and the Government on this issue if they decide to legislate and help to win over those few hearts and minds who are still concerned about it. I think we need to stand up positively for all couples who love each other to have the same recognition of their lives together by the state. That's what this boils down to.

Equal marriage event brightens miserable day at Holyrood

Getting my daughter out of bed in the morning in the school holidays is not easy. Actually, it's not that easy in term time either, now I come to mention it. She's a night owl and she would happily sleep the morning away, emerging around lunch time in a reasonable humour. Yesterday, though, she was up and ready to go out at 10:30 because, in her own words "I get up when it's important".

So, what does a 13 year old consider important? Supporting equal marriage, that's what. Yesterday, the efforts of the brilliant Equal Marriage campaign culminated in a religious blessing for Glasgow couple Jaye and Ruth Richards-Hill outside the Scottish Parliament at Holyrood. Guests included random people like us, MSPs, two sisters from the Order of Perpetual Indulgence and a whole stack of journalists and photographers, around 150 people in all. The atmosphere was sunny, even if the weather wasn't - although the part where we were all out in the open air was one of the few moments it wasn't pouring with rain. 

The sisters

and their fabulous veils

The Catholic Church in Scotland, led by Cardinal O'Brien, has declared war on equal marriage, threatening its supporters with an unprecedented backlash if the Government decides to legislate, aiming to build a £100,000 war chest to "support marriage". They plan to have a special collection on 26th August to do this.This is my wedding anniversary. I'm a huge fan of marriage and am happy to support it - for all. Bob and I will be celebrating 24 years of marriage and we're keen to combat the disappointing message of intolerance coming from the church by promoting equal marriage in a positive and inspiring way. Any ideas?


I just hope that the SNP Government doesn't give in to this bullying and intimidating approach from the Church leaders. Polls suggest that almost 2/3 of Scots support equal marriage and that includes ordinary members of churches, including the Catholic Church. While the Government is expected to give civil marriages the go ahead, there is speculation that they will not allow religious bodies to conduct same sex ceremonies, which just entrenches the discrimination against LGBT people. 


So we arrived outside the Parliament at just before 11:30 yesterday. The Church may be talking war, but there were no weapons or fighting talk here, only 

and placards:

It was lovely to meet Jaye and Ruth and share in the event with them. The BBC called it a mock wedding - but it was more of a brief religious blessing of their marriage which took place in South Africa. Being a soft and soppy creature, I did fill up a bit when it was taking place. How can so much energy be put into opposing something that's all about love and commitment? You'd think doing something about poverty or actual war would be a bit more important. Live and let live and all that.

Ruth (left) and Jaye

I managed to catch up with Ruth for a quick chat about why it was so important to her to have a religious ceremony and why she and Jaye had to go to the other side of the world to get it. This is what she had to say.

listen to ‘Interview with Ruth Richards-Hill, one of the stars of today's Equal Marriage event at Holyrood.’ on Audioboo

I was particularly struck by what she said about South Africa's history and how it's now become a beacon of equality.

You can hear a longer interview with Ruth and Jaye on BBC Good Morning Scotland here at around 2:31 minutes in.

The politicians were also given their chance to speak with the crowd doing a bit of playful match making when both Patrick Harvie and Jim Eadie both said they needed to find a husband. Where they all agreed was on congratulating Tim Hopkins and the rest of the Equality Network for running such an energetic, high profile campaign. They've presented a strong case, always been positive and have been everywhere. The fact that over 20,000 responses to the Scottish Government's consultation through their website was fantastic.

It was a super event to be a part of. I hope that it's given the message that nobody need feel threatened by equal marriage for all in religious settings as well as civil. It's the solution that suits most people. While it's right that no organisation should be compelled to take part in religious marriage, similarly, they should not have the power of veto over others' lives.

And just a quick insight into how these occasions with loads of photographers work. I have about 4 different versions of the tossing of the bouquet at various angles as the photographers kept asking them to repeat it.