Marriage and Civil Partnership (Scotland) Act 2014

Document originally published by Scottish Parliament

Original Publication: March 2014

Full text at legislation.gov.uk

An Act of the Scottish Parliament to make provision for the marriage of persons of the same sexBiological attributes and legal categories used to classify humans as male, female, intersex or other categories, primarily associated with physical and physiological features including chromosomes, genetic expression, hormone levels and function, and reproductive/sexual anatomy.; to make further provision as to the persons who may solemnise marriage and as to marriage procedure and the places at which civil marriages may be solemnised; to make provision for the registration of civil partnerships by celebrants of religious or belief bodies; to make provision about gender• However gender is far more complicated. It is the complex interrelationship between an individual’s sex (gender biology), one’s internal sense of self as male, female, both or neither (gender identity) as well as one’s outward presentations and behaviours (gender expression) related to that perception, including their gender role. Together, the intersection of these three dimensions produces one’s authentic sense of gender, both in how people experience their own gender as well as how others perceive it.
• Gender is expressed in terms of masculinity and femininity. It is largely culturally determined and is assigned at birth based on the sex of the individual. It affects how people perceive themselves and how they expect others to behave.
• Socially and culturally constructed roles, behaviours, expressions and identities of girls, women, boys, men, and trans people.
change by married persons and civil partners; to make a minor correction in relation to registration information; and for connected purposes.

Explanation from SPICe

Amendments to section 4 of the Gender Recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
Act 2004 ensures that a person who has spousal consent to stay in the marriage and a person in a civil partnership whose partner is transitioning• There is a spectrum of what transitioning looks like for different people. It can range from simply socially presenting (clothes, hair, mannerisms, overall gender expression) as the gender with which they identify, to use of hormones, to surgical procedures to modify the physical body.
• Transitioning is the term used to describe someone taking up a gender role and/or presentation that is different from the one they were assigned at birth and may or may not involve medical intervention. Transition may include some or all of the following: social, legal and medical adjustments, telling one’s family, friends, and/or colleagues, changing one’s name and/or sex on legal documents, voice therapy and changing one’s style of dress.
on the same day can receive a full Gender Recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
Certificate (GRC).

Further amendments were agreed in order that a person who does not have written spousal consent for their gender recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
, and who therefore obtains only an interim gender recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
certificate from the UK Gender Recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
Panel (GRP), may then apply to the sheriff court to convert to a full certificate.

The role of the sheriff in the conversion would be purely administrative. The sheriff is required to notify the trans• Trans is an umbrella term used to describe people whose lives appear to conflict with the gender norms of society. Whether this is in their clothing, in presenting themselves or undergoing hormone treatment and surgery. Being trans does not imply any specific sexual orientation.
• Trans is an umbrella term that describes a wide range of people whose gender and/or gender expression differ from their assigned sex and/or the societal and cultural expectations of their assigned sex; includes people who are androgyne, agender, bigender, butch, CAFAB, CAMAB, cross-dresser, drag king, drag queen, femme, FTM, gender creative, gender fluid, gender non-conforming, genderqueer, gender variant, MTF, pangender, questioning, trans, trans man, trans woman, transfeminine, transgender, transmasucline, transsexual, and two-spirit.
person’s spouse that the application has been made and when it has been granted. The spouse is then permitted an indefinite right to apply for a non-contestable divorce. (This amendment only removes the need for spousal consent in Scotland.)

When gender recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
is granted, a revised marriage certificate would be issued only with the spouse’s agreement. Continuity of the marriage would not be impacted by the issue of the full gender recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
certificate. As such, the spouse’s financial, parental and other rights associated with the marriage would not be affected by the gender recognition• The legal recognition of an individuals acquired gender as the opposite of the sex assigned at birth.
• Usually once a person has begun the process of transitioning, pronouns that are appropriate to the gender towards which he or she is transitioning should be used.
.

A new addition was also made to Schedule 2 to the Bill which makes it possible for certain long-term transitioned persons to be able to apply to the GRP under a new “long term transitioned” process. There is a range of eligibility criteria to qualify for this process which would allow for simpler evidence requirements. This recognises the fact that those who have been living in their acquired gender• The gender role that a trans person achieves through the process of transition. It is the legal term in relation to the issuing of a Gender Recognition Certificate which gives a trans person full legal rights in this gender.
• The “gender” (when opposite to the sex assigned at birth) in which a person lives.
in the long term may find it more difficult to assemble the evidence required by the GRP.

Provisions were also made for applications to the GRP for a full GRC in certain cases where the civil partner or spouse of a transgender personA person who, like a transsexual person, transitions – sometimes with the help of hormone therapy and/or cosmetic surgery – to live in the gender role of choice, but has not undergone, and generally does not intend to undergo genital surgery. dies. The right of appeal to the Court of Session on a point of law against a decision by the panel to reject an application was also provided for.

Source – http://uktrans.info/legislation/42-legislation/15-marriage-and-civil-partnership-scotland-act-2014