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Civil Partnership Registration: A legal status for committed
same-sex couples in Scotland
 MINISTERIAL
FOREWORD
On 30 June, the UK Government published a consultation paper on civil partnership
registration for same-sex couples in England and Wales. We have carefully considered
the implications for Scotland of the UK Government's proposals should they proceed
with legislation.
On 10 September I announced that:
- same-sex couples should be able to register their partnership in Scotland
in order to access a comprehensive package of rights and responsibilities
in both reserved and devolved areas.
- to ensure this package of rights and responsibilities takes account of the
reserved and devolved elements of this new status, we believe that the Scottish
Parliament should be invited to agree that Scottish provisions are included
in any future UK Civil Partnership Registration Bill.
Civil partnership registration is a complex and sensitive issue and we have
very carefully considered the most appropriate way forward before reaching a
decision.
In reaching a view on this issue for Scotland, our key considerations have
been:
- the intertwining of devolved and reserved policy strands inherent in civil
partnership registration,
- our desire to avoid a complex web of differing rights emerging between Scotland,
and England and Wales, and
- the advantages which parity offers in relation to cross-border issues.
We have also been mindful of our commitment to equality. The Scotland Act definition
of equal opportunities includes sexual orientation and the Executive is committed
to looking at lesbian, gay, bisexual and transgender issues as part of its wider
work on mainstreaming equality and promoting equal opportunities.
This consultation paper provides fuller details of the background to civil
partnership registration and the reasoning underpinning our preference for a
UK legislative approach.
I welcome your views on these proposals. The consultation responses will be
carefully considered as we move forward.
Cathy Jamieson, MSP
Minister for Justice
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