Current status: Answered by Shona Robison on 4 November 2021
To ask the Scottish Government whether provision will be made to ensure protection for persons authorised to solemnise a marriage to refuse, on grounds of religious belief or consciousness, to conduct a marriage of a person who makes a self-declaration under the proposed provisions in its draft Gender Recognition Reform (Scotland) Bill.
There is existing provision on celebrants not contravening provisions on gender reassignment discrimination by refusing to solemnise a marriage if the celebrant reasonably believes the gender of the person getting married has become the acquired gender under the Gender Recognition Act 2004. This provision is contained in paragraph 25 of schedule 3 of the Equality Act 2010: Equality Act 2010 (legislation.gov.uk) which is generally reserved to the UK Parliament. The Scottish Government’s intention is this provision would continue to apply under the Gender Recognition Reform (Scotland) Bill.