LGBT Rights in Scotland
Constituent Country

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

Do you support same-sex marriage?

(YouGov, 2025)
54%
Strongly support
27%
Tend to support
5%
Tend to oppose
8%
Strongly oppose

Should conversion therapy be banned for sexual orientation?

(YouGov, 2022)
65%
Should be banned
20%
Don't know
15%
Should not be banned

Should conversion therapy be banned for gender identity?

(YouGov, 2022)
61%
Should be banned
23%
Don't know
15%
Should not be banned

Prevalence of LGBTQ+ Prejudice

Experienced anti-LGBTQ prejudice in the last month
Experienced anti-LGBTQ prejudice in the last year
Experienced anti-LGBTQ prejudice in their lifetime

LGBTQ+ Discrimination

of LGBT individuals experienced discrimination when accessing services
Discrimination at work for being LGBT

On a scale of 1-5 how do you view LGBT people?

12%
5: Very high opinion
31%
4: High opinion
38%
3: Neutral
11%
2: Low opinion
8%
1: Very low opinion

Have you lived in or visited Scotland?

Share your experience of being LGBTQ+ in Scotland.

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History

Homosexual activity in Scotland

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Homosexual activity in Scotland is legal.

Current status
Since Nov 30, 2000
Legal under federal United Kingdom law
The Sexual Offences (Amendment) Act 2000 repealed all criminal provisions regarding homosexuality; setting an equal age of consent for sexual activity between men.
Sources:
www.legislation.gov.uk/ukpg…
www.stonewall.org.uk/at_hom…
European Court of Human Rights in the case of ADT v. UK
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Same-sex marriage in Scotland

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Same-sex marriage in Scotland is legal.

Current status
Since Dec 16, 2014
Legal
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
Since Nov 18, 2003
No censorship
The infamous section 28 of the Local Government Act 1988 was repealed by section 122 of the Local Government Act 2003.
Sources:
www.legislation.gov.uk/ukpga/2003/26/section/122
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Mar 24, 1988–Nov 17, 2003
State-enforced
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". The law did not create a criminal offence, leaving staff to fear losing their jobs if they breached the rules. This law extends to Scotland.

Right to change legal gender in Scotland

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Right to change legal gender in Scotland is legal, but requires medical diagnosis.

Current status
Since Apr 4, 2005
Legal, but requires medical diagnosis under federal United Kingdom law
Per the Gender Recognition Act 2004 (in effect 2005) in all four constituent countries of the UK. The requirements are as follows:
1. Must be 18 years of age
2. Must have a gender-dysphoria diagnosis
3. Must intend "to continue to live in the acquired gender until death"
4. Has lived in the acquired gender for at least 2 years.
5. If married: must acquire the consent of the spouse.

Eligibility is determined by a Gender Recognition Panel and if approved then one is granted a gender recognition certificate and may change the gender marker on legal documents.
Until Apr 4, 2005
Illegal under federal United Kingdom law
Until 2005, trans people could not legally change their legal gender in the United Kingdom. However, in 2002, the European Court of Human Rights found that the denial of recognition of trans people is in violation of their human rights.
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Gender-affirming care in Scotland

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Gender-affirming care in Scotland is legal, but banned for minors.

Current status
Since Jun 3, 2024
Legal, but banned for minors under federal United Kingdom law
On May 29th 2024, the UK voted to "close the loophole" by banning private care physicians as well as prescribers registered in the European Economic Area or Switzerland from prescribing puberty blockers to children for gender incongruence. Those who already had a prescription can continue their treatment.

This measure originally was meant to last from June 3rd until September 3rd, but was extended twice and is now indefinite. It extends to Scotland and Northern Ireland as well (The Sinn Fein gov agreed to follow it and medicines powers are reserved to the UK)
Until Jun 2, 2024
Legal
Before 2024, there were very few restrictions on who could medically transition.

Legal recognition of non-binary gender in Scotland

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Legal recognition of non-binary gender in Scotland is not legally recognized.

Current status
Not legally recognized under federal United Kingdom law
The Gender Recognition Act 2004 allows for a person to change their legal gender to either 'male' or 'female', there is no third gender option. 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. 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. The GRP [Gender Recognition Panel] accordingly, had and has no power to issue a gender recognition certificate to the claimant which says that they are ‘non-binary’".

The act applied to the entire UK, and Scotland's attempts to recognise non-binary genders have all failed.

LGBT discrimination in Scotland

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LGBT discrimination in Scotland is illegal.

Current status
Since Oct 1, 2010
Illegal
LGBT discrimination in the United Kingdom of Great Britain is illegal, as per the Equality Act of 2010. Sexual orientation and gender identity are covered as protected groups by the Equality Act.
The Act simplifies, strengthens and harmonises the current legislation to provide Britain with a new discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.

The Equality Act of 2010 extends to Scotland. In 2024, Scotland revised its hate crime law to explicitly include gender identity and sexual orientation.

LGBT employment discrimination in Scotland

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LGBT employment discrimination in Scotland is sexual orientation and gender identity.

Current status
Since Oct 1, 2010
Sexual orientation and gender identity
The Equality Act 2010 makes it illegal for an employer to discriminate against any employee on the grounds of many things, including sexual orientation and gender identity.
Dec 2, 2003–Sep 30, 2010
Sexual orientation only
In 2003, the Labour government began prohibiting discrimination on the basis of sexual orientation in employment, with some exceptions. This extended to the whole UK.
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Aug 1, 1999–Dec 1, 2003
No protections
Anti-discrimination provisions for Scotland were not enacted until 2003.
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Until Jul 31, 1999
No protections under federal United Kingdom law
Before Northern Ireland's progress in protecting trans people from employment discrimination, no part of the UK had enacted any law protecting LGBT people from employment discrimination.
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LGBT housing discrimination in Scotland

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LGBT housing discrimination in Scotland is sexual orientation and gender identity.

Current status
Since Oct 1, 2010
Sexual orientation and gender identity
The Equality Act 2010 made it illegal for any public or private landlord to discriminate against tenants due to many things, including sexual orientation and gender identity.

Same-sex adoption in Scotland

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Same-sex adoption in Scotland is legal.

Current status
Since Apr 2003
Legal under federal United Kingdom law
The 2002 adoption act, which did not take effect until the next year, specifically defined a couple as: "two people (whether of different sexes or the same sex) living as partners in an enduring family relationship", expressly permitting same-sex adoption. This act was
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Intersex infant surgery in Scotland

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Intersex infant surgery in Scotland is parental approval required.

Current status
Since Jan 1, 1989
Parental approval required under federal United Kingdom law
In the UK it is illegal to perform medical treatment onto any person without consent. For infants, consent is given by their parents on their behalf under the Children’s Act
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Serving openly in military in Scotland

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Serving openly in military in Scotland is legal.

Current status
Since Jan 12, 2000
Legal under federal United Kingdom law
The Ministry of Defence were forced to change their stance on when the European Court of Human Rights ruled in September 1999 that the then current ban on gays in the military was unlawful.
Until Jan 11, 2000
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. Before this act, it was unlawful for a man to have sex with another man, and therefore, it was also illegal.
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Blood donations by MSMs in Scotland

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Blood donations by MSMs in Scotland is legal.

Current status
Since Jun 14, 2021
Legal
In line with the rest of the UK, Scotland abolished sexuality-specific policies in recruiting blood donors.
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Nov 2017–Jun 13, 2021
Banned (less than 6-month deferral)
Scotland (as did England), in November 2017, replaced the 1-year deferral period with a shorter, 3-month deferral period for men who have sex with men donating blood.
Nov 7, 2011–Nov 2017
Banned (1-year deferral)
Following an evidence-based review by the Advisory Committee on the Safety of Blood, Tissues and Organs (SaBTO), the lifetime ban was reduced to a 1-year deferral period in England, Wales, and Scotland.
1981–Nov 6, 2011
Banned (indefinite deferral) under federal United Kingdom law
In reaction to the HIV/AIDS crisis, MSMs were banned from donating blood for life.
Until 1981
Legal under federal United Kingdom law
Before 1981 and the advent of the HIV-AIDS crisis, there were no restrictions on men who had sex with men from donating blood in the UK.

Conversion therapy in Scotland

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Conversion therapy in Scotland is not banned.

Current status
Not banned under federal United Kingdom law
UK law does not currently prohibit conversion therapy in any way. Conversion therapy bans have been discussed for many years. PM Boris Johnson promised to ban conversion therapy in July 2020 and this was reiterated in 2021. 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. On January 17 2023, the government announced they'd pass a new law to include transgender people in the conversion therapy ban.

In July of 2024, new prime minister Kier Starmer announced his government would put forward a bill to ban conversion therapy. This ban would include sexual orientation and gender identity. 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.

Current status
Since Nov 30, 2000
Equal
The age of consent is 16 (or 18 for those in a position of authority) for all couples.
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