# LGBTQ rights in Scotland

Part of a series on :
LGBTQ rights in the United Kingdom :
By location :
United Kingdom Scotland Northern Ireland :
Crown dependencies Guernsey Jersey Isle of Man :
Overseas Territories Anguilla Akrotiri and Dhekelia Bermuda British Virgin Islands Cayman Islands Falkland Islands Gibraltar Montserrat Pitcairn Islands Saint Helena, Ascension and Tristan da Cunha Turks and Caicos Islands :
Same-sex marriage by territory United Kingdom Scotland Northern Ireland Guernsey Jersey Isle of Man Akrotiri and Dhekelia Bermuda British Antarctic Territory British Indian Ocean Territory Cayman Islands Falkland Islands Gibraltar Pitcairn Islands Saint Helena, Ascension and Tristan da Cunha South Georgia and the South Sandwich Islands :
Policy aspects :
Sexual orientation
Adoption
Age of consent
Blood donation
Christian nation
Civil partnership
History of violence
HIV/AIDS
Military policy
Same-sex marriage :
Gender identity, sex and intersex
21st-century anti-trans movement
Transgender rights
Intersex rights
NHS Gender Identity Development Service
Gender Recognition Panel :
Legislation :
Criminality
Buggery Act 1533
Offences Against the Person Act 1828
Offences Against the Person Act 1861
Labouchere Amendment
Wolfenden report
Sexual Offences Act 1967
Criminal Justice (Scotland) Act 1980
Homosexual Offences Order 1982
Section 28
Criminal Justice and Public Order Act 1994
Sexual Offences (Amendment) Act 2000
Sexual Offences Act 2003
Policing and Crime Act 2017
Alan Turing law
Merchant Shipping (Homosexual Conduct) Act 2017
Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 :
Protection and recognition
Public Order Act 1986
Sex Discrimination (Gender Reassignment) Regulations 1999
Adoption and Children Act 2002
Employment Equality (Sexual Orientation) Regulations 2003
Civil Partnership Act 2004
Gender Recognition Act 2004
Equality Act 2006
Equality Act (Sexual Orientation) Regulations 2007
Criminal Justice and Immigration Act 2008
Human Fertilisation and Embryology Act 2008
Equality Act 2010
Marriage (Same Sex Couples) Act 2013
Marriage and Civil Partnership (Scotland) Act 2014
Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019
Northern Ireland (Executive Formation etc) Act 2019 :
Litigation
Corbett v Corbett (1969)
X v United Kingdom (1978)
Dudgeon v United Kingdom (1981)
R v Brown (1993)
Sutherland v United Kingdom (1994)
Smith and Grady v United Kingdom (1999)
Goodwin & I v United Kingdom (2002)
HJ and HT v Home Secretary (2010)
National AIDS Trust v NHS Service Commissioning Board (2016)
Bell v Tavistock (2021)
AB v CD and others (2021) :
Culture :
By city
Brighton
Cardiff
London
Liverpool
Leeds
Manchester :
Gay villages
Birmingham Gay Village
The Calls
Canal Street (Manchester)
Old Compton Street
Pride Quarter, Liverpool
Vauxhall :
Gay male
Polari
Saunas
Cruising :
Organisations :
LGBT advocacy and support
Stonewall
Hall–Carpenter Archives
Black Gay Men's Advisory Group
Akt
Naz and Matt Foundation
FFLAG
LGBT Foundation
LGBT Network
Outright Scotland
Switchboard (UK)
NUS LGBT
LGBT+ Liberal Democrats
LGBT+ Conservatives
LGBT+ Labour
Labour Campaign for Trans Rights
Mermaids
Press for Change
The Gender Trust :
Pride events
BiCon (UK)
Big Gay Out
Birmingham Pride
Bourne Free
Brighton Pride
Bristol Pride
Doncaster Pride
GFest – gayWise LGBT Arts Festival
Glasgay! Festival
Homotopia (Liverpool)
Leeds Pride
Leicester Pride
LGBT History Month
BFI Flare: London LGBT Film Festival
Manchester Pride
Mr Gay UK
Mr Gay Wales
Northern Pride
Nottinghamshire Pride
Pride Cymru
Pride Glasgow
Pride in Hull
Pride in Liverpool
Pride in London
Pride Scotia
Reading Pride
Swansea Pride
Worthing Pride :
Former groups
OutRage!
Campaign for Homosexual Equality
Homosexual Law Reform Society
Gay Liberation Front
Gay Rights Working Party
Order of Chaeronea :
History :
Topics
Timeline
List of politicians
First LGBT officeholders
Violence against LGBT people
HIV/AIDS crisis
Death penalty :
Timeline 342 MSM activity made illegal 1533 Death penalty introduced for MSM activity 1543 Buggery Act extended to Wales 1828 Offences Against the Person Act 1828 1835 James Pratt and John Smith executed 1861 Death penalty for buggery abolished 1885 Labouchere Amendment introduced 1889 Cleveland Street scandal 1895 Oscar Wilde found guilty of gross indecency 1912 The Cave of the Golden Calf opens 1921 Plans to make lesbian activity illegal defeated 1936 Mark Weston transitions 1952 John Nott-Bower begins crackdown 1954 Pitt-Rivers, Montagu, Wildeblood imprisoned 1954 Alan Turing commits suicide 1957 Wolfenden report released 1967 MSM activity made legal (England & Wales) 1972 First British Gay Pride Rally 1976 Jeremy Thorpe resigns as Liberal leader 1981 MSM activity made legal (Scotland) 1981 First case of AIDS reported in the UK 1982 MSM activity made legal (NI) 1983 Gay men barred from donating blood 1984 Chris Smith elected as first openly gay MP 1987 Operation Spanner begins 1988 Section 28 comes into force 1989 Stonewall UK forms 1994 Age of consent for MSM becomes 18 1997 Angela Eagle becomes first openly lesbian MP 1998 Bolton 7 found guilty 1998 Lord Alli becomes first openly gay Lord 1999 Admiral Duncan bombing 2000 Gay men allowed in HM Armed Forces 2001 Age of consent equalised to 16 2001 MSM activity involving multiple men legal 2002 Same sex couples granted equal rights to adopt 2003 Section 28 repealed 2004 Civil partnerships introduced 2004 Gender Recognition Act 2004 2006 Discrimination made illegal 2008 Equalised access to IVF for lesbian couples 2008 Incitement to homophobic hatred made a crime 2009 Public apology to Alan Turing 2010 Equality Act 2010 2011 Gay men allowed to donate blood (1 yr deferral) 2013 Nikki Sinclaire becomes first openly trans MEP 2013 Marriage (Same Sex Couples) Act 2013 2014 First same-sex marriages take place 2016 MSM activity not grounds for military discharge 2017 Turing law implemented 2017 Blood donation deferral 3 months (excl. NI) 2019 MPs legislate for gay marriage in NI 2020 Gay marriage legal across UK, incl. NI 2020 Blood donation deferral 3 months (incl. NI) 2021 Blood donation deferral equalised :
LGBTQ portal UK portal :
vte :
Lesbian, gay, bisexual, transgender and queer (LGBTQ) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".
Same-sex sexual activity has been legal since 1981 and the age of consent has been equal to that for opposite-sex activity since 2001, at 16. A same-sex marriage law was approved by the Scottish Parliament in February 2014 and received royal assent on 12 March 2014. It came into effect on 16 December 2014 with many civil partners converting their relationships into marriages, while the first same-sex marriage ceremonies occurred on 31 December 2014. Civil partnerships for same-sex couples have been legal since 2005. Same-sex couples have also been granted joint and stepchild adoption rights since 2009 and discrimination on the basis of sexual orientation and gender identity has been banned since 2010.

## Census data and statistics

It was revealed in June 2024 that there are almost 184,000 individuals (just over 4%) who identify themselves as LGBT within Scotland by census data and statistics. Just over 8% refused to answer the sexual orientation question, which just like the question on religion was not mandatory.

## Laws regarding same-sex sexual activity

The historical legal situation for male homosexuality was severe: "The common law crime of sodomy does not involve the establishment of the absence of consent on the part of the passive agent or catamite. It reflects a former general disapproval of homosexuality and both parties are guilty of the offence". Recorded punishments are limited compared to purges such as the Utrecht sodomy trials of 1730, whether due to lack of offending, prosecution or surviving documentation. Baron Hume wrote that "the crime is only mentioned twice in the course of our records", citing a double prosecution in 1570 and a single prosecution in 1630, with bestiality more often noted, all cases being punished by death. A legal text dated 1832 added a then recent case in which a man, on confession to two acts of sodomy out of nine initially charged, was transported for life. However, another archive source documents an additional sample mention, the commission for the trial of Gavin Bell in 1645.
In 1889, Scotland became the last jurisdiction in Europe to abolish the death penalty for same-sex sexual intercourse, which reduced the penalty to life imprisonment in a penitentiary.
The United Kingdom Parliament voted to pass the Sexual Offences Act 1967 for the limited decriminalisation of homosexual acts in only England and Wales. Homosexual activities were legalised in Scotland — on the same basis as that which was used for the 1967 Act – by Section 80 of the Criminal Justice (Scotland) Act 1980 (Scottish Gaelic: Achd Ceartas Eucoirean (Alba) 1980), which came into force on 1 February 1981. Section 2A, the legislation that prevented the promotion of homosexuality, was repealed in Scotland within the first two years of the existence of the Scottish Parliament by the Ethical Standards in Public Life etc. (Scotland) Act 2000.
In June 2018, the Scottish Parliament passed the Historical Sexual Offences (Pardons and Disregards) Act 2018, a law which issued a formal pardon to men, living and dead, convicted of having consensual sex with other men before it was decriminalised. Though the pardons are purely symbolic, the law also allows for anyone with a historical conviction for same-sex sexual activity to apply for a formal "disregard". If an application for a disregard is accepted by the relevant minister, this prevents the information from being included in disclosure checks and treats the offence as having not occurred. The law went into effect in October 2019.

## Recognition of same-sex relationships
### Civil partnerships

Civil partnerships have been a right of same-sex couples in Scotland to access since 2005, when the UK Parliament passed the Civil Partnership Act 2004. The Act gives same-sex couples most of the rights and responsibilities of civil marriage. Civil partners are entitled to the same property rights as married opposite-sex couples, the same exemption as married couples on inheritance tax, social security and pension benefits, and also the ability to get parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next of kin rights in hospitals, and others. There is a formal process for dissolving partnerships akin to divorce.
Since November 2015, civil partnerships originating elsewhere in the United Kingdom other than Scotland (including Northern Ireland) can be converted to a marriage without the couple being forced to dissolve the civil partnership.
Civil partnerships have been available for opposite-sex since June 2021, after the Scottish Parliament passed amending legislation to that effect in September 2019.

### Same-sex marriage

Same-sex marriage has been legal in Scotland since 16 December 2014, with the first same-sex marriages occurring on 31 December 2014. The law provides that religious organizations and individual celebrants are under no obligation to perform marriage ceremonies for same-sex couples, though religious organizations are permitted to authorize their clergy to do so.
On 25 July 2012, the Scottish Government announced that it would legalise same-sex marriage. The move was announced despite opposition by the Church of Scotland and the Catholic Church in Scotland. Although Deputy First Minister Nicola Sturgeon announced the move as the "right thing to do", she reassured churches that they would not be forced to perform same-sex marriages. During the consultation phase, ministers received over 19,000 messages from constituents about the issue.
On 27 June 2013, the Scottish Government introduced same-sex marriage legislation in the Scottish Parliament.
On 4 February 2014, the Scottish Parliament held its final reading on the bill to permit same-sex marriages. The bill passed by a vote of 108-15 and received royal assent on 12 March 2014. The Marriage and Civil Partnerships (Scotland) Act 2014 (Scottish Gaelic: Achd Pòsaidh is Com-pàirteachasan Sìobhalta (Alba) 2014) allows religious and faith organisations to be exempted from having to conduct or be involved in same-sex marriages if it contravenes their beliefs. The first same-sex weddings occurred on 31 December 2014, though civil partnerships could be exchanged for marriage certificates from 16 December 2014 so the very first same-sex marriages under Scottish law were recognised that day.
In June 2017, the Scottish Episcopal Church approved of same-sex marriage within church canon law. In May 2018, the General Assembly of the Church of Scotland passed a motion by a vote of 345 to 170 which tasks a committee with drafting church law on the issue of same-sex marriage. Its legal question committee has been asked to report back to the decision-making body in 2020.
In April 2022, the Church of Scotland committee passed "Canon law articles" that would allow same-sex marriage. It still has a few votes awaiting on a formal floor expected in May coming up.

## Adoption and parenting rights

On 28 September 2009, legislation allowing same-sex couples to adopt children in Scotland came into force. At the same time, the Looked After Children (Scotland) Regulations 2009 came into effect, which allows same-sex couples to be considered as foster parents on the same basis as anyone else.
The legal position regarding co-parenting arrangements where a gay man/couple donates sperm to a lesbian couple is complex. Following the changes implemented by the Human Fertilisation and Embryology Act 2008, lesbian couples who conceive with donated sperm are likely to be treated as both being the parents of their child. If the lesbian couple a man is donating to are civil partners/married, the father's status will be automatically excluded. If the lesbian couple he is donating to are not civil partners/married, the mothers may be able to choose whether they wish the child's second parent to be the father or the non-birth mother.
Altruistic surrogacy is legal in the United Kingdom, including Scotland. The law supports gay fathers conceiving through surrogacy in the UK in the same way as it does heterosexual couples and allows for applications to the relevant court, for such parents who wish to be named on their child's birth certificate as the legal parents/guardians of the child.

## Discrimination protections

The passage of the Equality Act 2010 (Scottish Gaelic: Achd na Co-ionannachd 2010) by the Parliament of the United Kingdom directly impacted on Scotland. Since implementation, the Act has covered gender reassignment, marriage and civil partnership, sex, and sexual orientation among a host of other attributes. The Act outlaws discrimination, harassment and victimisation of another person because they belong to a group that the Act protects, are thought to belong to one of those groups or are associated with someone who does.
In 2009, Scotland enacted legislation providing for penalty enhancements if the commission of a crime is motivated by the victim's sexual orientation or gender identity.

## Gender identity and expression

Under the Gender Recognition Act 2004, transgender people in Scotland may change their legal gender.
In 2018, the Scottish Government announced plans to start providing an "X" sex descriptor on identity documents, as well as lowering the minimum age of transition to 16.
In September 2021, it was formally announced by Nicola Sturgeon that a bill was being planned to reform the Gender Recognition Act 2004. In March 2022, the bill was formally introduced to the Scottish Parliament that to "reform, innovate and revitalise" the 2004 UK gender recognition laws in Scotland after the UK government decided not to reform the UK-wide Gender Recognition Act 2004. Scotland has the authority or power to pass certain laws "on certain subjects", despite still being possibly overruled by UK legislation as a whole.
In December 2022, the Gender Recognition Reform (Scotland) Bill passed within the Scottish Parliament by a vote of 86–39. The legislation applies only to Scotland and is awaiting royal assent. The legislation was overruled by the UK government under section 35 of the Scotland Act 1998, the first time that this option had been used to overturn legislation passed by Scotland.

## Hate crime laws

In April 2020, a hate crimes bill was introduced in the Scottish Parliament that will explicitly include sexual orientation and gender identity and has raised the possibility of "deep legal serious concerns and unintended consequences", discussed by all political sides, all religious groups and ministers, comedians, actors, and the Scotland law society about constitutional freedom of speech, freedom of religion, freedom of expression, freedom of thought, the fundamental principle of being equal before the law, and freedom of assembly conventions dating way back to the Magna Carta. 11 months later in March 2021, the hate crimes bill passed by a vote of 82–32 in the Scottish Parliament on the third and final reading – and then got the Royal Assent formality by the monarch a month later. The revised hate crime legislation went into effect on April 1, 2024.

## Sex education

The Scottish National Party's 2016 manifesto supports sex education classes, as well as "equality training" for teachers, that would cover LGBT issues. In November 2018, the Scottish Government announced the implementation of LGBT-inclusive education in the Scottish school curriculum. The move was welcomed by LGBT activists who cited studies that have found that about 9 in 10 LGBT Scots experience homophobia at school, and 27% reported they had attempted suicide after being bullied.
In July 2020, it was reported that Scotland became the first country in the world to have an LGBT history and education curriculum. The LGBT curriculum within schools across Scotland officially started in October 2021.

## Living conditions

Attitudes towards members of the LGBT community have changed drastically in Scotland in just a few decades. In the 1980s, the climate was one of extreme homophobia, hostility and public antipathy. In these times, LGBT individuals would either stay in the closet, move to England or commit suicide. Despite homophobic opinions and rhetoric being widespread and mainstream, small LGBT groups began to organise politically and socially, calling among others for the repeal of Section 2A, which banned the "promotion of homosexuality", and which was eventually repealed in 2000 despite an organised and a powerful opposition. By the early 2000s, attitudes became increasingly more accepting. In 2004, legislation allowing transgender people to change their legal gender was enacted. Civil partnerships were legalised in 2005, followed by adoption in 2009 and same-sex marriage in 2014. Nowadays, Scotland is regarded as "one of the most LGBT-friendly countries in the world". Dubbed by the media as "a seismic shift", societal acceptance of same-sex relationships and LGBT people has increased tremendously. According to the Scottish Social Attitudes (SSA), about 29% of Scottish people in 2000 held the view that "same-sex relationships are not wrong at all". In 2015, 59% held that view. A 2014 opinion poll published by the SSA showed that 68% of Scottish people supported same-sex marriage, while 17% opposed. Support was higher among young people (83%) than among people over 65 (44%), higher among women (72%) than men (63%), and higher among atheists or irreligious people (81%) than among Catholics (60%) or Church of Scotland adherents (59%).
In 2016, the majority of Scotland's major political parties were led by openly LGBT people: the Scottish Conservatives by Ruth Davidson, the Scottish Labour Party by Kezia Dugdale, the Scottish Green Party by Patrick Harvie, and the Scottish branch of the UK Independence Party by David Coburn.
Glasgow and Edinburgh have visible LGBT scenes, with many gay bars, clubs, pubs and restaurants. Though smaller, Aberdeen, Stirling and Dundee also host a variety of LGBT venues and events. Pride Glasgow, an annual pride march held in the summer, is the largest LGBT event in Scotland, with an attendance of usually about 50,000 people. Edinburgh's Pride Scotia takes place annually in June, and includes a pride march, a BBQ and a community fair. As of 2018, many other Scottish Pride events have been launched including Perthshire Pride in Perth, Hebridean Pride, Proud Ness, Fife Pride, Bute Pride in Rothesay, Dundee Pride, West Lothian Pride, Grampian Pride in Aberdeen, and Dumfries and Galloway Pride.

## Summary table

| Same-sex sexual activity legal | (Since 1981) |
| Equal age of consent (16) | (Since 2001) |
| Anti-discrimination laws in employment | (Since 2010) |
| Anti-discrimination laws in the provision of goods and services | (Since 2010) |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (Since 2010) |
| Anti-discrimination laws concerning gender identity | (Since 2010) |
| Hate crime laws explicitly includes both sexual orientation and gender identity | (Since 2024) |
| Civil partnership implemented | (Since 2005) |
| Same-sex marriage implemented | (Since 2014) |
| Stepchild and joint adoption by same-sex couples implemented | (Since 2009) |
| LGBT people allowed to serve in the military | (Since 2000 - UK wide) |
| Right to change legal gender | (Since 2005 - UK wide) |
| IVF access and automatic parentage on birth certificates for children of same-sex couples | (Since 2009) |
| Conversion therapy outlawed | (Proposed) |
| LGBT inclusive education in schools | (Since 2018) |
| Expungement scheme or pardon law implemented | (Since 2019) |
| Commercial surrogacy for gay male couples | (Banned for heterosexual couples as well) |
| MSMs allowed to donate blood | Since 2021 without deferral period with conditions (such as being monogamous). |