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Civil Partnership Registration: A legal status for committed same-sex couples in Scotland

2 background and context

2.1 This section explains the background to the decision to introduce civil partnership registration for same-sex couples in Scotland, in the event that the UK Government introduces such legislation. It explains the context in which the decision has been taken.

2.2 Civil partnership registration is a complicated issue around which there is significant sensitivity. It is something that will directly affect only a minority of Scots but for those concerned it is hugely important.

Equality

2.3 At present same-sex couples can face significant difficulties in their lives. They cannot gain legal recognition for their relationship and do not have access to many of the rights and responsibilities necessary for a stable family life. This can cause problems in the event of the death of one partner or at the end of a relationship. For example, a same-sex partner might not be recognised as their partner's next of kin and might be prevented from making decisions in connection with their partner's treatment. Following the death of one partner, the surviving member of a same-sex couple might not have any rights to the property they may have shared with their partner for a significant length of time.

Civil Partnership Registration

2.4 Civil partnership registration is the creation of a new legal status for same-sex couples through which they can gain legal recognition of their relationship and access most of the comprehensive package of rights and responsibilities currently denied to them. A same-sex couple who chose to register their partnership would become known as 'civil registered partners' and the long-term commitment they had made to one another would be recognised. In practical terms this means that civil registered partners would be able to receive a survivor pension in the event of a partner's death, would have an obligation to mutually support one another financially and make provision for fair arrangements of property division in the event a partnership is dissolved.

European and International Context

2.5 Civil partnership registration is not a new idea. Other countries, including a number of EU Member States as well as areas in the US and Canada, have introduced civil partnership registration schemes.

UK Government approach

2.6 The UK Government published a consultation paper on civil partnership registration for same-sex couples in England and Wales on 30 June 2003¹. The UK Government's proposals are driven by the difficulties that are experienced by same-sex couples who do not have legal recognition for their relationship.

2.7 The EU Employment Directive (2000/78/EC) which effectively bans discrimination in employment and training on grounds including sexual orientation gives further impetus for the need for reform. At present same-sex couples cannot access some employment benefits (like survivor pensions) which are only available to married couples. Under the Employment Directive this could be perceived as discrimination against same-sex couples who cannot marry to gain access to these benefits, on the basis of their sexual orientation. The introduction of a civil partnership registration scheme in the UK, which allows same-sex couples to register their partnership, in order to trigger access to employment-related rights and responsibilities, should prevent such discrimination.

2.8 With both of these factors driving reform in the UK Government, we expect that the UK Government will legislate for their proposals. We therefore need to be prepared in Scotland to respond.

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