(Translated by https://www.hiragana.jp/)
Same-Sex Conflicts - Scotland
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This website focuses on the interjurisdictional recognition of same-sex marriages, civil unions, and domestic partnerships.

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Postscript

If there is one thing that the people are entitled to expect from their lawmakers, it is rules of law that will enable individuals to tell whether they are married and, if so, to whom.

Justice Robert H. Jackson
u.s. supreme court

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flag-uk-scot.gifUNITED KINGDOM

Scotland

 

Higher Law. As a constituent country of the United Kingdom, Scotland is bound by United Kingdom law, European Union law, and the UK’s own international obligations. The UK has not, however, ratified the 1978 Hague Convention.

Internal Family Law.

Marriage. Scotland has expressly declared sameness of sex to be an impediment to marriage. Marriage (Scotland) Act, c. 15, § 5(4)(e).

Civil Unions. Scotland has provided for same-sex civil unions, known as civil partnerships, since 2004. Civil Partnership Act 2004, c. 33.

Domestic Partnerships. Scotland neither provides for nor expressly prohibits domestic partnerships.

Conflicts Law.

Recognition of Foreign Same-Sex Unions.

  • Marriages. Scotland generally adheres to the rule that the essential validity of a marriage is governed by the law of the antenuptial domicile of each party unless contrary to the public policy of Scotland. Family Law (Scotland) Act, 2006 (ASP 2), § 38(2), (4); see also White Paper: Parents and Children (2001). Scotland almost certainly would not recognize—as a marriage—a same-sex marriage involving a party whose antenuptial domicile prohibited same-sex marriages, but one commentator has speculated that Scotland might give effect “to the status, or at least to certain of the incidents thereof” if the law of each party’s domicile allows same-sex marriages. Janeen M Carruthers, Scots Rules of Private International Law Concerning Homosexual Couples, vol. 10.3 Electronic Journal of Comparative Law at 1 (December 2006), http://www.ejcl.org/103/art103-5.pdf. Scotland will, however, recognize a foreign same-sex marriage as a civil partnership for purposes of Scots law. Civil Partnership Act 2004, c. 33, §§ 212-218.
     
  • Civil Unions. Scotland provides for the recognition of foreign civil unions as civil partnerships. Civil Partnership Act 2004, c. 33, §§ 212-218.
     
  • Domestic Partnerships. Scotland provides for the recognition of foreign domestic partnerships as civil partnerships. Civil Partnership Act 2004, c. 33, §§ 212-218.