LGBTQ rights in Scotland

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.

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.

[3] 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.

[4] 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.

[5] 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.

[12] Section 2A, the legislation that prevented the promotion of homosexuality, was repealed in Scotland within the first two years of the existence of the Scottish Parliament by the Ethical Standards in Public Life etc.

[14] 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.

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.

[33] In April 2022, the Church of Scotland committee passed "Canon law articles" that would allow same-sex marriage.

[35][36] 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.

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.

[40] 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.

[41] 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.

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.

[58][59] The Scottish National Party's 2016 manifesto supports sex education classes, as well as "equality training" for teachers, that would cover LGBT issues.

[65] Dubbed by the media as "a seismic shift", societal acceptance of same-sex relationships and LGBT people has increased tremendously.

Participants at the 2018 Glasgow Pride parade