Tag Archive | Scotland

A Tale of Two Court Cases

It was the best of times, it was the worst of times.

Court of Session, Edinburgh: Lorna M Campbell, Wikimedia Commons

I’d love to know just what gets into the minds of Scotland’s judiciary, when they can make two judgements on separate cases concerning gender diversity on two consecutive days, which are apparently contradictory.

The first case concerns the forthcoming Scottish Census, which has been put back to 2022 due to the Coronavirus pandemic. The census will contain the mandatory question, “What is your sex?”, to which people can answer “male” or “female”, and a voluntary question related to gender diversity. Guidance on the census shall state “if you are transgender, the answer you can give can be different from what is on your birth certificate – you do not need a gender recognition certificate (GRC)”

The “women’s” group (which excludes transgender women, so not really a women’s group) Fair Play for Women (FPFW) launched a legal challenge in the Court of Session to this question and guidance, arguing that it contravened the 1920 Census Act. Their legal representative, Roddy Dunlop QC (notice that this “women’s” group had to rely upon a male Queen’s Counsel) argued that the distinction between sex and gender is “recognised in law”, as stated on either a birth certificate, or Gender Recognition Certificate (both of which would stick rigidly to the traditional gender binary – so much for us poor enbies), and that allowing to do otherwise would “approve unlawful conduct”, more or less saying that being transgender is effectively a crime.

Dunlop stated, “The position of the petitioner is that you have the sex you’re born with and you have a gender recognition certificate – those are the two legal possibilities, there is no other.”

Defending for the Scottish Govenment, Douglas Ross QC countered that the Census Act was “designed to evolve with the times and accommodate changes”, adding that FPFW were asking a “rigid and unaccommodating definition”, which he recommended the court should reject.

In his written judgement on 17 February, Lord Sandison, presiding, sided with the Scottish Government, stating there existed “no general rule or principle of law that a question as to a person’s sex may only properly be answered by reference to the sex stated on that person’s birth certificate or GRC”, adding, “an answer provided in good faith and on reasonable grounds would not be a false answer in the relevant sense, even if persons other than the respondent providing it might not think it the ‘right’ answer… …Some transgender people at the very least would not be answering the sex question falsely by stating that their sex was other than that recorded on their birth certificate and the guidance merely acknowledges that.”

Lord Sandison, who is fast becoming my favourite magistrate, also said that gender issues were “much more openly and widely discussed and debated” today than they were in 1920, when the original laws were drawn up. He also stated, “I would accept the suggestion that biological sex, sex recognised by law, or self-identified or “lived” sex as at the date of the census are all capable of being comprehended within the word.”

FPFW were hoping to win this case, as they won a similar case in the English courts in 2021, which resulted in a simliar gender question in the 2021 census for England and Wales being changed. However, Lord Sandison made the very valid point that Scots Law differs from English Law. And quite rightly too, as had FPFW won, then it would effectively have seen English Law imposed upon Scotland, which not even the architects of the 1707 Act of Union envisaged. When the Treaty of Union was drawn up, it was agreed that Scotland and England would retain their own unique law, education, and ecclesiastical systems.

Lord Sanidson concluded that Scotland’s census guidance was “notably limited in nature” compared to that in other parts of the UK, stating “it does not positively instruct or even recommend any particular mode of answering the sex question in individual cases”.

So, that’s a win for gender diversity, and a loss for FPFW, who appear to have lost their census (sorry, dears, I couldn’t resist).

The second case is not such good news. The group For Women’s Scotland Limited (yes, they have registered themselves as a limited company) raised a civil case in the Court of Session, following a judgement last year by Lady Wise, when they failed to convince her to rule that the Gender Representation on Public Boards (Scotland) Act 2018 was unlawful.

Their argument is that the above Act breaches the Equality Act 2010, which was passed by the UK Government, and that the Scottish Government cannot contravene this as equalities law is a reservered matter for Westminster.

Take note here; For Women Scotland claim to in favour of Scottish independence and are often present at independence marches and rallies.

Advocate Aiden O’Neill QC (another women’s group depending upon a man) argued that Lady Wise was incorrect in her interpretation of the law. He argued that the Equality Act contains “protected characteristics” to protect people from sex discrimination, and those characteristics were defined as being either male or female, or a group of people like men or boys, or women or girls, adding that case law on sex discrimination defined women on the basis of unique biological features – such as fertility.

Pretending to be a trans ally, Mr O’Neill added that a separate clause in the Equality Act to protect transgender individuals.

He argued that the Scottish Government’s proposals to help transgender people gain greater representation on public boards undermined the rights that women had under the Equality Act.

The case was heard by judges Lady Dorrian, Lord Pentland and Lord Malcolm, and on Friday, 18 February, just one day after the FPFW case in the same court, Lady Dorrian gave her written judgement that the Scottish legislation does indeed broach the Equality Act 2010, and that the 2018 leglislation was “outwith” the legal competence of the Scottish Government.

She wrote;

“By incorporating those transsexuals living as women into the definition of woman the 2018 Act conflates and confuses two separate and distinct protected characteristics, and in one case qualifies the nature of the characteristic which is to be given protection.

“It would have been open to the Scottish Parliament to include an equal opportunities objective on public boards aimed at encouraging representation of women. It would have been open to them separately to do so for any other protected characteristic, including that of gender reassignment.

“That is not what they have done. They have chosen to make a representation objective in relation to women but expanded the definition of women to include only some of those possessing another protected characteristic.

“In any event, the definition of woman adopted in the legislation includes those with the protected sex characteristic of women, but only some of those with the protected characteristic of gender reassignment.

“It qualifies the latter characteristic by protecting only those with that characteristic who are also living as women.

“The Lord Ordinary (Lady Wise) stated that the 2018 Act did not redefine ‘woman’ for any other purpose than ‘to include transgender women as another category’ of people who would benefit from the positive measure.

“Therein lies the rub: ‘transgender women’ is not a category for these purposes; it is not a protected characteristic and for the reasons given, the definition of “woman” adopted in the Act impinges on the nature of protected characteristics which is a reserved matter.

“Changing the definitions of protected characteristic, even for the purpose of achieving the gender recognition objective is not permitted and in this respect the 2018 Act is out with legislative competence.

“For the above reasons the reclaiming motion succeeds.”

Notice the wording here; “transsexuals living as women”. That is transphobic language. Not only by using the oudated pejorative term “transsexuals”, but also by inferring that transgender women are not women, but merely “living as women”.

So we lost that one. And we have lost it because a bunch of TERFs, who claim to support an independent Scotland, are more than happy to have matters of gender equality decided by a government which Scotland never voted for, and courts which have no bearing in Scots Law.

We’re not equal, because Westminster has decided we don’t even exist.

The law is indeed an ass; a huge, cisgender, transphobic ass.

WHOOPS!

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When you are going to attempt to smear a politician, it tends to be a pretty good idea to check your facts and their background first.

It actually astounds me that anyone could make such a daft claim. It is well known that Scottish National Party MP John Nicolson is openly and proudly gay.

The ‘Homophobic’ Tweet Which Never Was So

aaaa-mundelltweet

Nasty? Yes.  Homophobic?  Get a grip, dears.  Just another “SNP BAD!” non-story.

“Tory minister slams SNP blogger over homophobic tweet” screams the headline in Pink News.

Except that the blogger in question, Reverend Stuart Campbell – who posted the Tweet under his “Wings Over Scotland” Twitter page – is not an SNP spokesperson, is not even a member of the Scottish National Party, and even makes the point on the Wings Over Scotland website;

“The site advocates Scottish independence, but is not affiliated or connected in any way to the SNP, and neither gives to or receives money from the party, nor indeed any other party.”

Still, I suppose it’s better than the enormous gaffe that Pink New came up with earlier, where their headline read “Tory minister slams conservative blogger”.

So to the offensive tweet itself. It surrounds Oliver Mundell MSP (Member of the Scottish Parliament), the son of Secretary of State for Scotland, and Scotland’s only Conservative Member of Parliament, David Mundell, who after being closeted most of his adult life, came out as gay in January 2015.

The supposedly “homophobic” Wings Over Scotland tweet read “Oliver Mundell is the sort of public speaker that makes you wish his dad embraced his homosexuality sooner.”

If that is at all homophobic, I for one am failing to see it. It is certainly quite nasty to wish someone had never been born, and that is quite a low blow for Rev Stuart Campbell, an ordained Christian minister, and I do believe that Stuart should apologise ~ on those grounds. If it were meant as a joke, it’s not even funny. But was it homophobic? I don’t think so. I’m certainly not offended by it ~ and you’d have to go to great lengths to find a bigger Scottish poof than me.

aaaa-afluffy

David “Fluffy” Mundell

Nonetheless that did not stop David Mundell (known as “Fluffy” to Scots Nats ~ a reference to his hair and beard, NOT his sexuality) from immediately playing the homophobia card;

 

“This sort of behaviour has to be called out. We’re not going to face down homophobia unless we call out people who practice it” said the Scottish Secretary.

No show without Punch, his son Oliver, who was elected as Conservative MSP for Dumfriesshire in 2016 was not long in answering either. And like Pink News, chose to take the opportunity to smear the SNP;

“It is really important they call out this kind of behaviour. There are lots of reasonable people within the independence movement. But there are still some unpleasant figures who get given airtime by senior people within the SNP,” he said, “This is an individual who has interacted with SNP MSPs and MPs, and distributed material in the last independence campaign. There is duty for all of us in politics to call out those within their own ranks who are offensive and unpleasant… …I get a lot of abuse online. There are certain individuals you don’t want to give oxygen to but sometimes comments people make just cross the line.

“For other families who have gone through similar situations, comments like that make it more difficult for people to be who they are,” he said. “I don’t think that’s the kind of Scotland anyone wants to live in.”

Of course, Rev Campbell is not in the SNP ranks, and by his own admission in Wings Over Scotland, has no affiliation to them. But don’t ever let those troubling little facts get in the way of a Tory “SNP BAD!” story. It is also interesting to note that Stuart Campbell has since tweeted that several people have approached the SNP for a comment – or an apology – for the tweet, but not one person has approached him.

For my money, homophobia is a problem in Scotland and one which is all too often ignored or brushed under the carpet. And the independence camp are far from blameless in this. During the campaign for the Scottish Independence Referendum in 2014, openly lesbian Scottish Conservatives leader Ruth Davidson came under attack from an online troll who made some thoroughly disgusting comments about her sexuality.

It is worth noting however, that it was members of the SNP and Yes Scotland who were first to immediately rally behind Ruth and distance themselves from the troll, they exposed his true identity, shamed him into apologising, and had him kicked out of both the SNP and Yes. Ruth Davidson tweeted that she felt that the Scots Nats defending her treated her “with gallantry”.

But then, the unionists were not so angelic either. The official unionist campaign, Better Together, once put an LGBT rainbow banner up on their Facebook page. Less than 24 hours later they had to remove it, due to vile homophobic comments ~ from their own supporters.

And of course, the Tories have not always been the champions of the LGBT+ community. Quite the opposite, historically and traditionally the Conservative Party have been deeply homophobic, transphobic, and one of the greatest obstacles to LGBT+ rights in the UK ~ and in some quarters within their party, remain very much so.

But homophobia is such a serious problem that to make false claims of it are also potentially damaging. It is like the person of colour who plays the race card where no mention of their race has been made or inferred, or the Israeli (or pro-Israeli) who reacts to valid criticism of the state of Israel by claiming anti-Semitism and bringing up the Holocaust.

Remember the boy who cried ‘Wolf’? Nobody listened to him in the end. Therefore, as odious as Rev Campbell’s tweet was in wishing Oliver Mundell had not been born (and which he really should apologise for), it was by no means homophobic, and to claim it was can only ultimately harm Scotland’s LGBT+ community.

Finally, Oliver Mundell is correct; no-one wants to live in an intolerant Scotland, or UK for that matter. We had enough of that when the notorious Section 28 made it illegal to ‘promote’ ~ i.e. have publications about or even discuss ~ homosexuality in schools.

Introduced in 1988, it was eventually repealed in Scotland in 2000, despite opposition from many Conservative MSPs ~ including David Mundell.

Yes, Fluffy ~ I’m no slouch at smear tactics either, dear.

“Turing’s Law” Passed in England and Wales

_0000TuringGood – but not good enough.

Thousands of deceased gay and bisexual men in England and Wales convicted of sexual offences for partaking in gay sex when it was still illegal were pardoned posthumously when the Policing and Crime Bill received Royal Assent on 31 January 2017.

The Act is known as Turing’s Law, recognising the ill-treatment of the gay computer scientist Alan Turing, who committed suicide in 1954 after his conviction for Gross Indecency. Turing was given a posthumous Royal Pardon in 2013, but the new Act pardons 50,000 to 100,000 men convicted of Gross Indecency with Another Man or Buggery before 1967.

Justice minister Sam Gyimah said it was a “truly momentous day… …We can never undo the hurt caused, but we have apologised and taken action to right these wrongs.” This is the same Sam Gyimah who last year infamously ‘filibustered’ a Bill in the Westminster Parliament; speaking out its alloted time and thereby preventing a vote being taken upon it.

There are some however who do not think the Act goes far enough Scottish National Party (SNP) MP John Nicholson, who tabled the Bill filibustered by Sam Gyimah, asked what provision there will be for those men still living. The Prime Minister, Theresa May, replied that men still living could make applications for pardons. In 2016 Scottish First Minister Nicola Sturgeon announced that the SNP administration in the devolved Scottish Government is about to introduce their own legislation, under which men still living will be automatically pardoned, along with those deceased, which Mr Nicholson was very quick to point out.

There are very good reasons for doing this. Many of the men convicted are now very elderly and simply physically unable to go and get the forms and fill them out, or indeed fill them out online. A caller to LBC Radio on 1 February 2017 also highlighted another potential problem. He stated he was a gay man who had been convicted, served time in prison, and had subsequently changed his identity. Should he have to apply for a pardon, that would mean having to use his original identity. If the pardon was automatic for living persons, there would be no need for him to run this risk of being exposed.

The Act must be welcomed, as must the upcoming legislation in Scotland, but there is still fault on both sides of the border. Many, myself included, feel that a ‘pardon’ is insufficient, as it still assumes guilt. What is needed is for all convictions completely quashed and a clear apology given, to both the deceased and the living.

There may even be an argument for monetary compensation for those living. After all, many of them faced imprisonment, violence from police officers/prison officers/fellow inmates (including rape in many cases), some fines, most lost their jobs, and were ostracised by family, friends, and society in general.

Those are lost lives, stolen by the state, and those men affected and still alive deserve a HUGE sorry – preferably along with a big, fat cheque.

And while LGBT rights campaigner Peter Tatchell maintains that the Act will pardon men convicted of sexual offences “under discriminatory anti-gay laws between 1885 and 2003”, I question if that is actually the case. I cannot find anything in the Act which mentions men convicted of “underage” gay sex between 1967 and 2001. To explain, the gay age of consent was set at 21 in 1967. It was not until 1994 that it was lowered to 18, and in 2001 it was lowered again to 16, to bring it into line with the age of consent for heterosexuals. This means that there are a great many men still alive today who were convicted of having sex with a “minor”, with all of the attendant stigma that carries. Are they to be pardoned? And if not, why not?

We should never forget the words of Tom Robinson:

Have you heard the story about Peter Wells,
who one day was arrested and dragged to the cells?
For being in love with a man of eighteen;
the vicar found out they’d been having a scene.
The magistrates sent him for trial by the Crown;
he even appealed but they still sent him down.
He was only mistreated a couple of years ~
cos even in prison they “look after” the queers.
(Tom Robinson, “Glad to be Gay”, original version)

All in all, the Act is a step in the right direction, but with all the deaths, the heartache, the loss of liberty, loss of family and friends, ostracisation, violence from the authorities, prison inmates and members of the public alike, loss of livelihoods and much, much more which anti-gay UK laws produced, neither the new Act nor the upcoming legislation in the devolved Scottish Government go nearly far enough to addressing past wrongs.

Get the cheque books out, Theresa and Nicola.

“Don’t vote for ‘Satanic’ SNP” Minister tells congregation

Wee Free clergyman brands gender and child policies “evil”.

$$-AAA-0001In the run-up to the Scottish Parliamentary elections, a Free Church of Scotland minister has branded the Scottish National Party (SNP) as “Satanic” over their stance on gender fluidity and one of their key policies on children in an outspoken and strongly-worded letter to his congregation, asking them to think before voting SNP.

Reverend Paul Gibson of Knox Church in Perth, part of the “Free Kirk” or “Wee Frees” as they are known, published his letter online in the wake of the recent announcement SNP party leader and First Minister of Scotland, Nicola Sturgeon MSP (Member of the Scottish Parliament) that if re-elected, the SNP would restructure gender recognition laws in Scotland to bring it into line with “international best practice”. This would include individuals being allowed to change their gender on their birth certificates without medical consultation or authorisation from a committee, and for non-binary people to be able to state their gender fluidity on official documentation.

Insisting that “The Scriptures plainly teach that God is the author of all life (and therefore the sole designator of each person’s sex)”, Rev Gibson, also taking a side-swipe at same-sex marriage, insists that human beings are made male and female, that God “ordained the institution of marriage between a man and woman as the pinnacle of all human relationships”, and that “He has not only enabled the biological process of procreation but also given this married partnership a divinely ordained responsibility of raising their offspring according to His precepts.”

Continuing in what can only be called a rant, Rev Gibson states “We have already seen widespread celebration of the oxymoron that is same-sex marriage… …our authoritarian “progressives” want to take us further into the darkness by effectively disregarding the God-given authority and responsibility of parents, as well as allowing – if not even encouraging – all people to choose which gender they wish to identify with. You almost have to pinch yourself each time you even think about it – so extreme is the departure, not just from biblical morality, but basic wisdom and common sense. Can a government really be this foolish and that Satanic?! The answer, tragically, is yes.”

Conceding that “there is a good degree of truth to the statement, “they’re all as bad as each other” – at least from a Christian perspective”, Rev Gibson goes onto claim that “I for one have no burning desire to champion the cause of one party over the others within the church, nor to make out that one is worse than the others purely on the basis of some long held political bias”, but then continues, “However, when you consider the massive potential there is for the Named Person Scheme to be used as a means of interfering with the role of parents who seek to raise their children according to Christian values, coupled together with our government’s plans regarding gender, you would have to conclude that true believers need to think long and hard as to whether such a political party – one which seems intent on destroying any lasting imprint of God’s design – can honestly be supported in good conscience before our Creator.”

Really, Paul dear? You are trying to say your god is the designer and creator of all life, who decides the sex of every individual, that the same god ordained marriage between a man and woman for procreation and bringing up children, you call same-sex marriage an “oxymoron”, you brand the SNP as Satanic, say you have no bias, then state that “true believers” cannot support the SNP?

A lot to get through here, but deep breath…

The SNP are Satanic, and by inference anti-Christian?

For a great many years now the SNP have been funded by the deeply religious Stagecoach buses founder and owner, Brian Souter. That is the same Brian Souter who led a campaign to retain the deeply homophobic legislation, Section 28 (in England) / 22A (in Scotland), which made it illegal to ‘promote’ homosexuality in schools. That legislation effectively made it illegal for LGBT+ young people to mention their sexuality and thus further entrenched guilt and depression in many. Although I truly admire the SNP government in Scotland and am a firm supporter of Scottish independence, that they continue to receive money from Souter is one of the main reasons I refuse to join the party.

Every Education Committee in Scotland must, by law, have a religious, i.e. Christian, representative upon it. In ten years in power, and in five years of a majority government, the SNP have done nothing to change that, despite only 39% of Scots now counting themselves as religious, and church membership and attendance in sharp decline in Scotland.

The SNP administration have built more new Roman Catholic schools than any administration previous to them.

Every school in Scotland must offer Religious and Moral Education (RME), which parents can opt their children out of. Few parents are aware of this right, and when the SNP government were petitioned by the Scottish Secular Society to change this to an “opt-in” – whereby the schools would have to ask parents if they wanted their children to receive RME – they downright refused to do so.

John Mason MSP of the SNP in 2014 tabled a motion in the Scottish Parliament stating that creationism should be taught in schools as science could not disprove it (yes, dears, he really asked science to prove a negative). The motion failed, but that it got as far as being considered underlines the fact that the SNP government is in fact riddled with Christians.

The SNP candidate for Central Scotland, Sophia Coyle, is a committed Christian and ardent anti-abortionist, and is also opposed to same-sex couples adopting children.

The Scottish government has an advisory committee on religion, which secular, humanist and atheist groups were not made aware of until 24 hours before it’s first sitting. The Moderator of the Free Church of Scotland, Rev David A Robertson – effectively Rev Gibson’s boss – sits upon that committee.

God designates the sex of every individual?

Well firstly, biological sex, i.e. how we are born, and psychological gender are two different things. Gender Dysphoria is a recognised medical condition, which has been deeply researched by experts in the field, not “progressives”, and the conclusion of science is that a transgender woman is a woman, a transgender man is a man, and a non-binary person is a non-binary person – which is precisely what transgender and non-binary people have been telling cisgender people since time began.

Being transgender or non-binary is no more a choice than being cisgender is. If anyone disagrees with me, then I challenge them to present me with the peer-reviewed science disproving Gender Dysphoria, or stating it is a choice. And note I said “peer-reviewed science”. Do not even try presenting that dusty old book of Bronze Age goat herders campfire tales; that is not the proof, it is the claim.  And if anyone still disagrees and claims that gender is a choice, then tell me when you chose to be cisgender?

I think I speak for all transgender and non-binary people that while we are happy with who we are now, if we could have chosen to avoid the confusion with our gender identity, the mental turmoil, the mixed emotions, the depression, the ostracisation from family, friends, and society in general, the abuse, the threats and the actual violence visited upon us, we would have never opted for it. As it is we never got that choice, and all the psychological damage and abusive treatment we have suffered has been at the hands of others, not our own.

Of course the greatest place where Rev Gibson’s argument of his god designating everyone’s biological sex falls down is when intersex babies, with genitals from both sides of the gender binary are born. When an intersex baby is born, if God existed, would that then not be that God’s design? One wonders how Rev Gibson would cope were he father to such a child. Would he decide the child’s gender, and authorise surgery to assign his chosen gender? If he did so, would he not be interfering with God’s design? Or would he leave it to the child to decide when they were old enough which gender they were? If so, and surgery were carried out, would that child not then be interfering with God’s design? And would that child leaning towards one gender not then completely destroy Rev Gibson’s argument of gender being a “choice”? Or if the child grew to realise they were happly to remain intersex, which would be adhering to “God’s design”, would that not then completely destroy Rev Gibson’s arguments against gender fluidity?

If you’re reading this, Rev Gibson, I suggest you sit down and consider the above carefully – a large glass of perspective and soda may help. And while your at it, consider that the only person who is the ultimate expert on their gender is the individual concerned. And that applies to transgender, genderfluid / non-binary, and cisgender people.

Marriage was ordained by God as one man / one woman for procreation and bringing up families?

By ‘God’, Rev Gibson here of course means the Judeo-Christian God of the Bible. I can only take it by making such a statement that to add to his sins, the reverend gentleman is also a young earth creationist, who maintains that the Bible is to be taken literally as the unerring word of his God, and that the entire universe, the Earth, and all life – including mankind – were created in six days, 6000 years ago (someone forgot to tell the Egyptians, in the same region where the scriptures were written, and who have a recorded history going back 7000 years). Unfortunately for Rev Gibson, that has long been proven to be cobblers, and just as mankind long predates the Bible, so does marriage, which has been found in every culture on the face of the globe as a social contract between two people who love each other.

If Rev Gibson insists that marriage was instituted by HIS God, then I leave it to him to tell every married couple in Scotland who are Muslim, Hindu, some other non-Christian religion, or of no religion, that they are not married. And once Police Scotland are done with him for Religious Hate Speech, he may wish to look at what Scots Law has to say about marriage, and the fact that it makes little mention of religious faith.

Likewise for Rev Gibson is to claim that marriage is for one man / one woman is to be a hypocrite to his own faith. In the scriptures polygamous marriage is the most common form, with monogamous marriage being the exception rather than the rule. I often found it amusing that religious objectors claimed that same-sex marriage would lead to polygamy, which they called sinful, when it is so common in the Bible; just as the same people claimed it would lead to incest, when it is equally common in the Bible, and if creationists were to be believed, then we would all ultimately be the descendants of incestuous unions of the children of Adam and Eve.

If marriage is for procreation and bringing up families alone, one has to ask if Rev Gibson has ever refused to marry an elderly couple, or a couple unable to have children due to matters of physical disability? This is another piece of hypocrisy I intensely dislike from homophobic clergy, who bang on about procreation and family, yet will happily marry elderly couples and those who cannot have children. This entire argument falls down on the fact that people marry for love, and for companionship. My own parents often stated they married for companionship, my siblings and I came along later. So if a heterosexual couple marry for love and companionship, although they be elderly, unable to have children through physical disability, or even if one or both are asexual, then exactly the same applies to same-sex couples.

Rev Gibson calls same-sex marriage an “oxymoron”. He must agree then that it makes sense? Or is he just as ignorant as many others using that word are nowadays? An oxymoron is not, as many think, a mere contradiction in terms. Rather it is a contradiction which ultimately makes sense.

The Oxford English Dictionary gives this definition of ‘oxymoron’;

“A figure of speech in which apparently contradictory terms appear in conjunction (e.g. faith unfaithful kept him falsely true).”

We can see from that example that “falsely true” whilst apparently contradictory in this instance, ultimately makes sense. Likewise, Liverpool beat poet Roger McGough made wonderful use of an oxymoron in his poem The Fallen Birdman; “People gathered round the mess, in masochistic tenderness”.

Therefore, if Rev Gibson is asserting that same-sex marriage is an oxymoron, he is essentially stating that it ultimately makes sense.

If I am wrong on this one, I am sure the lovely Clare Flourish whom I follow here on WordPress, and who is much more learned in the English language than I am, shall soon put me right.

There is “massive potential… …for the Named Person Scheme to be used as a means of interfering with the role of parents who seek to raise their children according to Christian values”?

The Named Person scheme is part of the SNP policy of Getting It Right For Every Child (GIRFEC). It is part of the Children and Young People (Scotland) Act, which when going through the Scottish Parliament, had full support of almost every party, with only the Scottish Conservative Party (who are about as “Scottish” as a Wiltshire cricket pitch) opposing it. It has the full support of several children’s charities and Police Scotland, it is based on models from other countries and yet more countries are looking at GIRFEC and the Named Person scheme with views to emulating it.

GIRFEC recognises that every child is different and an individual and aims for them to achieve their best within their abilities, rather than treating all children as the same, and expecting them all to achieve the same standards. The Named Person scheme is not about interfering at all. Every child will have a Named Person within the education and / or social care systems whom the child or their parents can turn to in time of need. The Named Person equally shall be trained to look out for a child who is unhappy, failing, and how to help them, and the warning signs of abuse, and how to properly address that.

The only objectors to GIRFEC and the Named Person scheme are a tiny group of protesters, who are attempting to challenge it in court, and which is almost certain to fail.

I have to say, if Rev Gibson thinks that the Named Person scheme has the potential for interference in bringing up children, particularly in the Christian faith, then he must have a very dim view of Scotland’s educationalists and one can only wonder just how much contact he has had with Scottish teachers. It just so happens that through a job I was once in, I had quite a bit of contact with teachers in Scotland, and a surprisingly large number of them are in fact active Christians. Indeed, I find the number of Christian teachers quite disturbing and I would be more worried about them attempting to push their faith upon children irrespective of children’s wishes. These fears were realised a few years ago, when two head teachers at a South Lanarkshire primary school were dismissed after children had been presented with creationist literature at an after-school club ran by American evangelists.

If the Named Person scheme were such a worry to Scottish parents, then the tiny take up of the No To NP protest certainly does not bear that out. Likewise, the Scottish Tories have been extremely quiet about it in their campaign for the Scottish Parliamentary elections. The SNP won a majority government in the Scottish Parliament in 2011 – in a proportional representation voting system devised to make majority government ‘impossible’ – and are on track to win another majority government when Scotland goes to the polls on Thursday, 5 May, 2016. If Named Persons were really such a huge issue, then the Tories would be pushing that strongly, just about every parent in Scotland would be against it, and the SNP would be lucky to win a handful of seats. The fact that the same parents are fully intending to vote SNP tells it’s own story; that having been given the information about GIRFEC / Named Persons, they understand it, and they like it.

But then, in claiming he is not biased but given his strong opposition to Named Persons, Rev Gibson gives away that he is indeed biased, and given which party was the only one to oppose GIRFEC, it is obvious how he votes. He says it himself; “I for one have no burning desire to champion the cause of one party over the others within the church, nor to make out that one is worse than the others purely on the basis of some long held political bias.” Why even add that bit about bias unless he has one?

So what does Holy Wullie, sorry, Reverend Gibson, do? He effectively tells his congregation how to vote, stating that those “true believers need to think long and hard as to whether such a political party – one which seems intent on destroying any lasting imprint of God’s design – can honestly be supported in good conscience before our Creator.”

And goes further by calling the SNP “Satanic” and “evil”.

Want to see what a truly evil government is, Rev Gibson? It is one which tells severely disabled and terminally ill people that they are fit for work and takes benefits away from them. It is a government which seeking to make savings, goes after the poorest of the poor, while giving the obscenely rich tax breaks and incentives to make even more money. It is a government of one of the richest countries in the world which tells people who have paid into the system all their working lives that there’s no money in the pot for their pensions, and they’ll have to work for more years to come. It is a government which claims to be helping refugee children, taking only those from Syria, and turning a blind eye to the lone refugee children just across the English Channel, many of whom are at danger from trafficking and child prostitution. All that, and many other things visited upon the UK by the Tory Westminster government, are the epitome of evil.

And I personally think Rev Gibson is crediting his Wee Free parishoners with far too much intelligence; if they were at all capable of thinking long and hard, they would not be in the Free Kirk.

I am an atheist, and I am also a secularist; I believe in removing religion from politics and public life as much as possible. I fully recognise that everyone is entitled to an opinion, even the unco righteous like Reverend Gibson. I am also fully aware that for many Christians, including dear Clare Flourish, their faith is a main driving force in speaking out against all sorts of wrongs, and I admire their passion in that. The Society of Friends (Quakers), the Iona Community and St John’s Episcopal Church in Edinburgh are certainly no slouches at speaking out against social injustice.  When any member of clergy tries to tell their congregation how to vote however, they cross the line from opinion to interference in politics, and that needs to be challenged wherever possible. I am fully aware that clergy pay taxes on their earnings, just like the rest of us, the churches as organisations however do not, and given that Reverend Gibson and his own Wee Free Moderator, Reverend David A Robertson, have both been very vocal recently about SNP policies on transgender and non-binary people, then I for one say it is time to remove tax exempt status from the Free Kirk.

As a footnote, given that Reverend Robertson has long stated his support for an independent Scotland, one wonders if he will pull Rev Gibson up for his attack upon the SNP? Given that Robertson recently published an “open letter” to Nicola Sturgeon, saying much the same as Gibson, I sincerely doubt it.


The full text of Reverend Gibson’s letter can be read here:

http://www.knoxchurchperth.com/letters/april-19th-2016

“Open letter” from Reverend David A Robertson, Moderator of the Free Church of Scotland, to Nicola Sturgeon MSP, First Minister of Scotland:

https://theweeflea.com/2016/04/01/the-ultimate-april-fool-an-open-letter-to-nicola-sturgeon/

Scottish Government proposes Non-Binary legal recognition

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Nicola Sturgeon MSP – First Minister

And more good news for Trans Scots.

The current Scottish National Party (SNP) administration in the devolved Scottish Government has pledged to overhaul LGBT+ legislation, which will effectively give legal recognition to those in Scotland of non-binary gender.

Speaking before a hustings meeting co-hosted by LGBT+ rights groups including Stonewall Scotland and the Equality Network, the First Minister of Scotland, Nicola Sturgeon MSP, a former reciptient of the Scottish LGBTI Politician of the Year Award, laid out a five point plan intended to reform Scotland’s gender recognition laws “bring it into line with international best practice”, should the SNP be returned to power in the Scottish Parliamentary elections on 5 May 2016.

Proposals include to allow non-binary and transgender people to revise their birth certificates to reflect their gender, without the current need to seek approval from a tribunal of lawyers and doctors. Revised birth certificates will then be valid for passport applications, as well as for use in other legal documentation. If implemented, the changes would make Scotland the third country in the European Union, after Malta and Denmark, to recognise non-binary gender. The status is also recognised worldwide in Australia, New Zealand, India, Pakistan, Nepal and Argentina.

The changes come after a recent survey carried out by the Scots LGBT+ campaign group Equality Network, found that 300 participants described their gender as “non-binary”, although it is believed the true figure could be as much as ten times higher.

The commitment was welcomed by Nathan Gale of Non-Binary Scotland, who said: “By making a commitment to reform gender recognition law the Scottish Government is ensuring that all trans people, no-matter what their gender identity, will be able to be themselves, in all aspects of their lives.

“Trans people who don’t identify as men or women have just as much right to have the gender they identify as recognised and respected as everyone else.

“I hope that the next Scottish Government will truly aspire to international best practice and provide for a third gender, alongside male and female, to be recognised in Scottish law.”

The five points of Ms Sturgeon’s commitment are as follows;

“Expect all new, guidance and promoted teachers to undertake training on equality so they are confident in tackling prejudice-based bullying.

“Promote children’s health and well-being right throughout early years, primary and secondary education, so that all children and young people learn tolerance, respect, human rights, equality, good citizenship, to address and prevent prejudice and about healthy relationships through refreshed, age-appropriate strategies and resources.

“Work towards every professional working with children being trained on equality, addressing prejudice-based bullying, attachment, child development and child protection.

“Review and reform gender recognition law for all Trans people to ensure it is line with international best practice.

“Aim for all police officers to receive appropriate training on the investigation of hate crime.”

In more detail, the proposals include the right of transgender young people of 16-17 year old to change the gender on their birth certificates, with parental support.

The proposals also have the potential to reduce the incidence of transgender people in Scotland convicted of crimes to be sent to prisons according to their birth gender. Regular readers will know this is a particular bugbear of mine, so I fully applaud the SNP administration in the Scottish Government for this move.

Speaking on the proposals, Ms Sturgeon stated “I’m proud that Scotland has made significant progress on LGBTI equality in recent years; however, the very fact that we are still having debates like this at election time just underlines that there is still much that we need to do.

“In particular I want to see a renewed focus on areas such as education – both for young people themselves, and those responsible for their emotional and educational wellbeing.

“Tolerance, respect, inclusion – these are attitudes and principles we want to encourage and foster in modern, fairer Scotland.

“Enabling young people to make informed choices about their gender and sexual identity is about supporting them to be themselves so that they might fulfil their potential.

“I am hopeful that in the next Scottish Parliament, we can build as much consensus on LGBTI issues as we did in this session – and take another leap forward for equality.”

Not everybody is happy however, and the loudest of the dissenting voices comes from the Moderator of the Free Church of Scotland, Revered David A Robertson, who stated in an article in the Daily Mail, “Not content with the destruction of the traditional Christian ideas of sexuality and marriage, it appears the SNP are now seeking to destroy the traditional idea of gender. We do not believe that this will lead to the Brave New World envisaged by the proponents of the multi gender doctrine. It is destructive of humanity and will cause chaos in our society. The SNP seem to be working on the unproven and somewhat bizarre notion that children get to choose their own gender and sexuality.”

Rev Robertson is no stranger to such bigotry, and worse still, it is not as if he is ignorant of the facts. He is an educated man, a theology graduate, and has been well-informed, many times, of the facts about sexuality, marriage, and gender. He is correct when he speaks of Christian “ideas” of those subjects, but does not accept that they are merely that – ideas, not facts. He does not recognise that Christianity does not have a monopoly upon marriage, or that marriage originally was a social contract with no religious overtones, but he is more than well aware that nowhere in the Bible is marriage defined as one man / one woman, but rather that polygamous marriage (which is one thing Rev Robertson claimed SSM would lead to) is the most common form of marriage in the Bible, with monogamy being the exception, rather than the rule.

So likewise are his foolish notions of sexuality and gender merely Christian “ideas”, and when it comes to that, “ideas” shared by him and his minority “Free Kirk” (or Wee Frees, as they are known), which fly completely in the face of scientific research. I offer my heartiest congratulations to Rev Robertson, who stated in his blog, The Wee Flea, that he has recently become a grandfather. However, in the same article, The Ultimate April Fool – An Open Letter to Nicola Sturgeon, whilst claiming not to be transphobic, and to be an SNP supporter, he repeats the bigotry he voiced above and, going further, states of his new granddaughter, “My granddaughter was not ‘assigned’ gender at birth, as though she were being given a name. She IS a girl. She is not one of several genders that she can get to pick and choose as she pleases later on, according to some societal construct or government edict.” You could not make it up. Rev Robertson at first states that his granddaughter was not assigned gender, then later affirms “She IS a girl”. This of course neither Rev Robertson, his wife, nor the parents yet know. Yes, she has been assigned female, according to biological sex – not gender – at birth. But for all anyone knows, she may yet grow to identify as transgender or genderfluid. Only time will tell. And if that is the case, will Rev Robertson and the parents then drum into the wee one that she IS a girl? Yet the Scottish Government, and the LGBT+ community are apparently the ones ‘harming’ children. Bigots like he and his Wee Free followers do much more harm than those who, while cisgender themselves, at least are trying to understand trans and genderfluid issues.

Rev Robertson is certainly right on one thing; we do NOT get to choose our gender. Neither I nor any other genderfluid person chose to be so, just as no transgender person ever chose their gender. We were born with it. But then, no doubt the Rev Robertson chooses not to believe that, just as he no doubt does not believe that anyone is ever born intersex, with both sets of genitals. Or if he does, no doubt he believes that the parents should decree which side of the gender binary that child should be, according to their whims on whether they wanted a boy or a girl, and an operation reflecting that carried out, rather than leaving it to the child to decide when they are old enough which – if either – side of the gender binary they most identify with.

Having experimented since I was a child, I never came to terms with being genderfluid until I was “over 40” (don’t ask dears – I’m not telling), following years of depression and self-hate. I can therefore assure the hateful minds of the likes of Rev David A Robertson that despite his fine words, he and those who think like him are indeed transphobes, and do a great deal of harm – much, much more than they will ever know.  And should he be reading this, I will go further with a personal message – you are a bully, Rev Robertson, and in the nature of the bully, a gutless coward at heart.

Another dissenting voice came from the Time for Inclusive Education campaign, who are seeking compulsory inclusive sex and relationship education. A spokesperson stated;

“Only very small steps have been taken here regarding education – Nicola’s strategy here does not go far enough in protecting LGBT+ young people and this does not reflect the motion that was passed at conference. In order to ensure that our schools are inclusive of LGBT+, teaching staff must receive LGBT+ specific training – what Nicola proposes here is blanket equalities training, which will not do enough. Ourselves, SNP Youth and SNP Students expect and hope that the SNP’s manifesto will go much further than this and truly reflect the expectations of the membership who unanimously backed our campaign. If this is the strategy that will be taken into the next parliament, then we still have a very long way to go. We would urge the SNP to work with us on this, because the next strategy has to be the right one.”

I tend to agree the measures do not go far enough with regard to LGBT+ young people. In the run-up to the referendum on Scottish independence in 2014, legislation was brought in to reduce voting age to 16. Likewise at 16 young people in Scotland can work, pay taxes, have sex (straight or gay), get married, live alone, order an alcoholic drink with a meal, and join the armed forces. To then say that they require parental approval to change their birth certificate to reflect their gender is to strip them of their rights as young adults. Likewise I agree with TIE that teaching staff need to have specific LGBT+ training to address LGBT+ issues, otherwise they won’t know what the hell they are talking about.

Yet these are but devils in the detail. These proposals from the SNP are to be welcomed and congratulated. The SNP formed the last devolved Scottish Government in 2011 with a majority, in a form of proportional representation voting which was supposed to make majority government an impossibility. They are currently riding very high in the polls, and look set to be returned with another majority government in May, and we can therefore see Nicola Sturgeon’s words as a solid commitment. I am not an SNP member, but I am certainly sympathetic to them, and after the election I shall expect these measures to be implemented as soon as possible.

As we did with Same-Sex Marriage, Scotland is indeed entering a “Brave New World”, but unlike the gloom and doom envisaged by the transphobes, under the wonderful and simply lovely Nicola Sturgeon it is going to be a much better Scotland, inclusive of all who live here no matter their background, and this Scot could not be all the more proud of her country for that.

No room for hate speech in Scottish Politics

124730756__398642cHomophobe suspended from Scottish National Party

First of all dears, let me make myself clear; I do not like the Conservative Party.  I despise what it stands for, I hated Margaret Thatcher with a vengeance, I loathe Lord Snooty and Chums, aka David Cameron and the UK government, and the way they are openly lining the pockets of the rich at the expense of the poorest of the poor angers me almost to violence.  I can make many comments about Tory politicians.  The one thing I would never do is make online attacks upon the sexuality of any of them.

Sad we cannot say the same for one particularly nasty piece of work, who goes under the names Laird O’Callaghan and SparkyBhoyHH.  Yes dears, I will name him, I’ll even go as far as giving his real name, Marc Hughes, as stated in The Scotsman.  This pond life decided to attack Scottish Conservative Party leader Ruth Davidson, not on her policies, not on her past track record, but rather by posting vile Tweets about her sexuality.  Ruth Davidson is openly lesbian and is the highest ranking LGBT politician not just in Scotland, but the whole of the UK.

The Tweet stated that Ruth Davidson, “needs a good f**k, not a lesbian battery one, but a real c**k one, miserable c**t that she is.  Tory f***y muncher.”

338173-homophobic-ruth-davidson-tweet

I think we can all see what a real charmer Mr Hughes is.  But then, I think we can all see the level of his intelligence.

Kudos to Ruth.  Her immediate response upon seeing it was to reply “Nice.  Classy.  Do you kiss your mother with that mouth?   Bet she’s really proud of you…. *blocked*”

More importantly however, kudos to the Scots Nat online community, who immediately rallied around Ruth with messages of support and condemning this knuckle-dragger.  If he had online friends before, it was pretty obvious they would have been sorely depleted after his comments.  The support Ruth recieved was so strong that she stated that she had been treated with gallantry from the Scots Nats.  Ain’t that sweet?  For once I actually felt for the evil, reactionary bitch.

Hughes later phoned Ruth to apologise.  She says he was contrite, promised never to post homophobic comments again, and that she accepted his apology and did not intend to make it a police matter.

That however was not the end of the matter. Having identified Hughes as one of their members, the Scottish National Party (SNP) swung into action and suspended his membership.  SNP First Minister of the Scottish Parliament, Nicola Sturgeon, condemning the attack upon Ruth Davidson, stated in the parliament, “The individual in question in that case has been identified and this morning suspended from membership of the SNP pending full disciplinary processes.”

So, that should be an end to the matter.  Oh, I wish.  Since then I have seen a minority on Facebook thinking that the comments were “funny”, that they have “a right to get my fun where I see it” and that it is a freedom of speech issue.

I would like any who think like that to tell me, is it funny when someone is continually harassed for their sexuality?  Is it amusing when they are refused a job for the same reason?  Do you chortle when someone has the shit kicked out of them?  Are you splitting your sides when LGBT people commit suicide due to harrassment and depression?

In short, would you find it funny if it happened to you, or someone you love?

You don’t have a right to laugh at anyone’s sexuality.  And no, it is not a matter of free speech, it is hate speech, which just happens to be illegal in Scotland.  Frankly, Marc Hughes can think himself lucky that Ruth Davidson showed herself to be the bigger person on this occasion.  To quote Oliver Wendell Holmes, “My right to swing my fists ends where the other man’s nose begins.”

Homophobia is not limited by any means to supporters of Scottish nationalism.  During the 2014 Scottish Independence Referendum campaign, the official Unionist body, Better Together once put a rainbow flag, only once – and had to remove it less than 24 hours later due to homophobic comments from their own followers.  Sadly, Better Together did not condemn nor remove anyone on that occasion.  Not that I am suggesting for one moment that they were homophobic as an organisation.  One Better Together campaigner in my area was openly gay.

One hopes, however, that the hatemongers are slowly but surely learning that hate speech, be it homophobic or of any other form of bigotry, is not welcome in Scottish politics, or any politics for that matter.  I don’t care which party they support, they could even be UKIP; I can’t stomach UKIP’s David Coburn MEP, who is openly gay, but I would come down like a ton of bricks on anyone making homophobic comments towards or about him.  Anyone attacking anyone else personally based on bigotry deserves to be silenced immediately and ostracised by all decent people who know them.

Loch Lomond venue twice turns gay couples away

loch_lomond_lodges2“We can’t allow people like you here”

With the advent of same sex marriage becoming legal in Scotland, John and Stephen Devaney, who have been in a civil partnership since 2006, looked to becoming legally wed.  Having entered into negotiations with Loch Lomond Waterfront, Balmaha, John thought he had found the perfect romantic setting for their wedding.

But when owners Charles and Suzanne Cottam realised they were dealing with a same sex couple, it suddenly became a different matter.  Suzanne Cottam bluntly told John “We can’t allow people like you here.” and when John remonstrated that marriage is now a civil right in Scotland, Mrs Cottam retorted “I’m the owner. I can do as I like. A marriage should be between a man and a woman.”

Left reeling, and seeking an alternative venue, John Devaney told his story to Glasgow-based newspaper the Daily Record, so that others may know how they were treated.  He told the newspaper “We’ve fought for many years for equal rights. That woman stripped me of them in an instant.”

Following the story however, another same sex couple, known only as Greig and John, contacted the Daily Record to tell how they too had been turned away by the Cottams for same sex wedding.

Like John and Stephen, Greig and John have been civil partners for four years, and looked to change their relationship to a legal marriage.  To that end Greig emailed Loch Lomond Waterfront with enquiries concerning a same sex marriage.  Charles Cottam replied by email, “it would be wrong to keep from you and your family our deeply-held religious beliefs and our sincere adherence to the traditional view of marriage. This is why we would prefer not to host a civil partnership wedding.”

Greig replied by email to point out that they wanted a wedding ceremony, not a civil partnership one, and to date has received no reply to date.

The Daily Record has since contacted the Cottams who deny the claims and that they are taking legal advice.  Well, I certainly hope they are, considering that the Daily Record has published the email from Charles Cottam to Greig in full, and that the couple have now broken Scots Law on two occasions.

And I do hope that any resulting court action teaches the Cottams that they cannot refuse service on grounds of discrimination, that they cannot do as they like, and that any court case is costful to them in the extreme – hopefully to the point that it puts them out of business altogether.  Frankly, we can’t allow people like them in Scotland.


Report in the Daily Record can be found here:

http://www.dailyrecord.co.uk/news/scottish-news/we-cant-host-your-ceremony-5241356

New Year – New Scotland

SusanGerrieEqual marriage now fully in law in Scotland

Bliadhna Mhath Ùr o Alba na Bòidhche / Happy New Year from Bonny Scotland, darlings, and sorry I’ve not been on here recently.

Well, on 31 December 2014 the Marriage and Civil Partnership (Scotland) Act passed fully into law, with the first marriages taking place on the stroke of midnight, when Susan and Gerrie Douglas-Scott were married in a civil ceremony and Joe Schofield and Malcolm Brown were wed in a Humanist ceremony, both weddings took place in Glasgow.

I am sure all my lovely friends here join me in wishing Susan and Gerrie, and Joe and Macolm, and all other same-sex couples who have wed heartiest congratulations and all the best for the future.  To any who don’t – get a life.

Susan and Gerrie’s wedding was witnessed by Scottish National Party (SNP) First Minister of Scotland, Nicola Sturgeon MSP (Member of the Scottish Parliament) and Patrick Harvie MSP, Convenor of the Scottish Green Party.  The involvement of the First Minister, who recently inherited the post from Alex Salmond MSP, in this wedding has drawn some amount of criticism, and not a few nasty comments, from those on the political right and the anti-independence media.  They fail to mention however that Ms Sturgeon was invited by the couple to be a witness, as a personal friend of the couple.   So shame upon the media for attempting to politicise a completely non-political and private event.

JoeMalcolmThe witnesses for Joe and Malcom were Scots Makar (Scots equivalent of the English Poet Laureate) Liz Lochhead and Marco Biagi MSP.  Mr Biagi is the Scottish Government Minister for Local Government and Community Empowerment, who had responsibility for bringing the new law into effect.  An openly gay man himself, Mr Biagi stated “With a New Year nearly upon us, there really is no better way to celebrate than by watching these two people get married and make that lifelong commitment to each other.  I am proud of our parliament in passing the Marriage and Civil Partnership (Scotland) Act 2014 and proud of Scotland and the country that we are fast becoming.”

I could not agree more.  New Year, new beginnings, new Scotland.

Luvs

Xandra xxx

Same Sex Marriage passed in Scottish Parliament

ImageWell, it’s on it’s way to being law Lovies.  On 4 February 2014 the Marriage and Civil Parnterships (Scotland) Bill passed the final third stage vote in the devolved Scottish Parliament by 105 votes to 18.  It was a free vote, rather than along party lines, and there were no abstentions, thereby making Scotland the 17th nation to recognise same sex marriage.

The Scottish Bill is truly momentous, as unlike the kneejerk legislation for England and Wales forced through Westminster in 2013, this law makes greater provision for transgender people.  Married transgender people in Scotland will no longer be forced to obtain written consent from their spouse before they can get legal recognition of their gender.  This is a clause which Liberal-Democrat Peer Baroness Barker regretted not being included in last year’s Westminster Bill.

The Scottish Bill will also allow for gender neutral and humanists ceremonies (for both heterosexual and same sex marriages), unlike in England and Wales.  And the Church of Scotland will not automatically be banned from solemnising same-sex marriages, unlike the Church of England and the Church in Wales.

The Kirk itself however was less than enthusiastic.  Alan Hamilton, convenor of the Kirk’s legal questions committee stated, “The Church of Scotland holds to the mainstream Christian belief that marriage is properly between a man and a woman”  Hmmm, just a shame for you there is nothing in the Bible to support that view dearie.   The other churches in Scotland, including the Roman Catholic Church in Scotland, are outright refusing to recognise same sex marriage. And Rev James Gracie of the Free Church of Scotland Continuing in Edinburgh, protesting outside the Holyrood parliament building, stated, “Scotland is rejecting God today”  Oh if only Dear.

Probably the saddest objections came within the ranks of the Scottish National Party (SNP), who run the majority administration in the Scottish Parliament.  John Mason MSP (Member of the Scottish Parliament) attempted to table several last minute amendments to the Bill, one of which stated that no public sector employee should suffer “detriment” for believing marriage to be between a man and a woman.  Health Secretary Alex Neil MSP however rejected these, stating that robust protections for faith groups had already been included in the legislation.  Other SNP objectors included Roseanna Cunningham MSP and Fergus Ewing MSP.  Labour MSP and deputy presiding officer Elaine Smith, has also long been an objector, even at one point claiming she was the one being persecuted as ‘homophobic’.  Yes, pick up a dictionary Elaine, dear, and if the cap fits, wear it.

The Bill however has been widely congratulated by LGBT groups.  Tom French, Policy Co-ordinator of the Equality Network, stated “Today will be remembered in history as the day that lesbian, gay and bisexual people were finally granted full legal equality in Scotland, and given an equal right to marry the person they love.  This is a profoundly emotional moment for many people who grew up in a country where being gay was still a criminal offence until 1980. Scotland can be proud that we now have one of the most progressive equal marriage bills in the world, and that we’ve sent out a strong message about the kind of country we are.  We know this change means so much to LGBT people across Scotland and we look forward to the first same-sex marriages taking place as soon as possible.” 

This is true indeed.  In the 1980s I used to work next door to a LGBT bookshop, and well recall that whenever the local police got bored, they would raid it for obscene materials.  No charges were ever brought and the shop would eventually get their stock back – damaged of course.  I also recall a gay friend of mine and his boyfriend being arrested in 1984 for “Outraging Public Morals” – by walking down a street hand-in-hand.  It is truly amazing how homophobia has been turned around in Scotland.  While it is still there, it is nowhere near as prevalent as it used to be, and I for one am just more than a wee bit proud of that Loves.  And yes, I am more than a wee bit emotional about this historical event as well.

The Bill has come in for criticism for taking so very long to pass through the parliament.  It should be emphasised however that the SNP administration, with overwhelming cross-party support, deliberately took their time to get this Bill right.  Tim Hopkins, another director of the Equality Network, fully supported the careful deliberations Holyrood took over the Bill, stating in The Scotstman newspaper;

“The Scottish Parliament’s equal opportunities committee did a great job of taking evidence on the Government’s bill. That committee has a rather larger proportion of same-sex marriage sceptics than the parliament as a whole, and that helped ensure that all sides of the debate were closely examined. The committee produced a detailed report on the evidence, and in a free vote on 20 November, the parliament voted by 98 votes to 15 to approve the principles of the bill.”

It is also worth considering that the Marriage and Civil Partnerships (Scotland) Bill is the most momentous piece of legislation concerning partnerships ever tabled in Scottish history.  It includes legislation not only for LGBT couples, but for all, irrespective of sexuality and/or gender.  It was important for the Scottish government therefore to make this Bill watertight and ensure that it is truly representative of all the people.

The Bill now only awaits Royal Assent by the Queen (why we even bother with Betty is beyond me dears).  Various commentators have predicted that the first same sex marriage in Scotland could take place anytime between July and September.  The Scottish government for their part have given an undertaken to now speed up the process to get the Bill into Law as quickly as possible.  Watch this space for updates.

Finally, as a wonderful footnote to this enormous step in Scottish history, before the third vote passing the Bill took place, and with anti-SSM protestors forming outside, a rainbow formed above the Scottish Parliament building;

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