Scotland gay rights

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In March 2022, the plans were dropped, only for a partial U-turn just hours later when the government announced that the ban would go ahead but not cover trans people.

  • Abolishing sexual orientation and gender identity discrimination from sexual offences law in 2009. Before this act, it was unlawful for a man to have sex with another man, and therefore, it was also illegal.

    • Blood donations by MSMs in Scotland

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    Blood donations by MSMs in Scotland is legal.

    Conversion therapy in Scotland

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    Conversion therapy in Scotland is not banned.

    Not bannedunder federal United Kingdom law
    UK law does not currently prohibit conversion therapy in any way.

    scotland gay rights

    Has lived in the acquired gender for at least 2 years.
    5. Their mission is to foster greater inclusion in sport while actively challenging homophobia, biphobia, and transphobia in sporting environments. The law came into effect on 4 April 2005.

    In 2021, the UK government said (in response to a petition) that legal recognition of non-binary gender identity would have "complex practical consequences for other areas of the law, service provision and public life", and said that they felt existing legislation allowing people to change their legal gender went far enough.

    As of March 2025, this bill is yet to be introduced.

    Equal age of consent in Scotland

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    Equal age of consent in Scotland is equal.

    For infants, consent is given by their parents on their behalf under the Children’s Act

    Serving openly in military in Scotland

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    Serving openly in military in Scotland is legal.

    Illegal under federal United Kingdom law
    The Sexual Offences Act of 1967 explicitly made serving in the military as an openly gay/bi man illegal.

    We work in partnership with all six national LGBTQ+ organisations to advocate for LGBTQ+ equality across the Scottish Parliament, the Scottish Government and Scottish civil society.

    "Being on an equal footing with everybody else's relationship has helped us present that to the world in a different way. Must intend "to continue to live in the acquired gender until death"
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  • The pardon of men convicted of same-sex activity in 2019. Courts have, however, ruled that people with non-binary identities are protected from discrimination by the Equality Act.

    On 4 October 2023, then-Prime Minister Rishi Sunak asserted his stance on gender identity in a speech at the Conservative Party conference, stating it was “common sense” that “a man is a man and a woman is a woman”.

    In January 2024, the High Court in London ruled that (in the case of a US citizen trying to have their non-binary identity recognised in the UK), "We have decided that whenever the Gender Recognition Act refers to ‘gender’ it refers to a binary concept – that is, to male, or to female gender.

  • Developing a Human Rights Bill for Scotland.
    • Workplace programmes

    Stonewall has worked with hundreds of workplaces accross the last two decades to support them to realise the impact of LGBTQ+ inclusion.

  • The right for same-sex couples to get married in 2014.
  • Enabling questions on sexual orientation and gender identity in future censuses in 2019.

    Conversion therapy bans have been discussed for many years.

  • Improving equality and wellbeing for non-binary people. These joyous occasions were cheered on in the media and by communities throughout the country.

    Same-sex couples have been able to enter into civil partnerships in Scotland since 2005.

    • Resources

    LGBT in Scotland - Health

    LGBT in Scotland - Work

    LGBT in Scotland - Hate Crime

    School Report Scotland

    Various reputable surveys conducted in Scotland show support for LGBTQ+ rights.

    Survey results from 10 LGBTQ+ Equaldex users who lived in or visited Scotland.

    Perceived Safety*
    Absence of verbal harassment
    Absence of threats and violence
    *Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.

    Equal Treatment
    Treatment by general public
    Treatment by law enforcement
    Treatment by religious groups

    Visibility & Representation
    Representation in entertainment

    Culture
    Interest groups and clubs

    Services
    Support and social services

    History

    Homosexual activity in Scotland

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    Homosexual activity in Scotland is legal.

    Same-sex marriage in Scotland

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    Same-sex marriage in Scotland is legal.

    Current status
    MSPs voted by 105 to 18 in favour of the Marriage and Civil Partnership (Scotland) Bill.
    Establishes belief ceremonies, such as humanist ceremonies as a "third form of marriage", alongside religious and civil events.
    Allowing transgender people to stay married, rather than having to get divorced, when obtaining a Gender Recognition Certificate.
    Amended guidance on the teaching of the issue in schools.
    The first same-sex marriages were allowed to take place December 16, 2014.

    Censorship of LGBT issues in Scotland

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    Censorship of LGBT issues in Scotland is no censorship.

    Current status
    The infamous section 28 of the Local Government Act 1988 was repealed by section 122 of the Local Government Act 2003.
    Section 28 of the Local Government Act 1988 stated that local authorities could not "intentionally promote homosexuality or publish material with the intention of promoting homosexuality" or "promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship".

    PM Boris Johnson promised to ban conversion therapy in July 2020 and this was reiterated in 2021. Please keep an eye on our events page for upcoming programmes.

    Our Proud Employers membership programme, alongside our specialist training, enables organisations across Scotland to embed inclusion in their work. This key piece of legislation allowed a formal pardon to be granted to people who were convicted of offences related to same-sex sexual activity that were once considered illegal.

    Although we have made great strides in evolving LGBTQI+ rights, we know that there is still a lot of work to be done. 

    The Scottish Government continues to work with and fund a wide range of organisations to improve the lives of LGBTQI+ people and is committed to ending harmful conversion practices in Scotland.

    In a kind of shinier, more beautiful way.

    "We always felt that ourselves, privately, but I think just being allowed to say it to the world," she added.

    Gerrie feels their marriage marked an enormous change in how they were able to live their lives.

    "We've gone from the 90s, when we were scared to lose our children, to come out and lose our children, and to having a secret ceremony on a little boat on the River Tay, through to [it] couldn't have been more public ten years ago, and celebrate not just us but a fairer Scotland.

    "It really was about Scotland being a fairer place, more equal place, acknowledging our human rights, acknowledging that love comes first".

    Stonewall Scotland

    Stonewall Scotland was established in 2000, following the creation of the Scottish Parliament in 1999. 

    In the years since, we have played a key role in progressing LGBTQ+ equality in Scotland through our policy, public affairs and workplace programmes work. 

    Policy and public affairs

    Our policy and public affairs team work to advance and defend LGBTQ+ rights in Scotland.

    To find out more about our work with workplaces please email us.

    Through funding from the Scottish government we also run a range of free to attend programmes for people across Scotland. Must be 18 years of age
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