LGBT Rights in Scotland
Constituent Country

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Recent studies in Scotland show a discernible level of opposition to LGBTQ+ rights among the population.

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

Perception of LGBTQ+ People

Survey results from 7 LGBTQ+ Equaldex users who lived in or visited Scotland.

Overall

Overall

Perceived Safety*

Feel safe being open
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 peers
Treatment by family
Treatment at work
Treatment at school
Treatment by general public
Treatment by businesses
Treatment by law enforcement
Treatment by religious groups

Visibility & Representation

Inclusion in education
Representation in entertainment
Representation in news
Political support
Out public figures

Culture

Pride/events
Nightlife
Dating life
Interest groups and clubs

Services

Health and wellness
Gender-affirming care
Support and social services
Advocacy and legal

History

Homosexual activity in Scotland

?

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The Sexual Offences (Amendment) Act 2000 repealed all criminal provisions regarding homosexuality; setting an equal age of consent for sexual activity between men.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

?

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

?

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

?

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

?

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)
Mar 12, 2024–Jun 2, 2024
Legal, but restricted for minors under federal United Kingdom law
On March 12th 2024, England stopped the NHS from prescribing puberty blockers to minors. The drugs can still be accessed in the private sector, but are no longer covered in the public healthcare system.

UK Government has put an emergency order up for puberty blockers, this bans HRT and puberty blockers for those under 18. This was effective dated 29/05/2024. This is effective June 3rd until Sept 3rd for 2024, Scotland and Wales have done the same earlier in the year.
Until Mar 12, 2024
Legal under federal United Kingdom law
Before 2024, there were very few restrictions on who could medically transition.

Legal recognition of non-binary gender in Scotland

?

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

?

LGBT discrimination in Scotland is unknown.

Oct 1, 2010–Mar 10, 2021
Illegal in some contexts
The Equality Act brings together over 116 separate pieces of legislation into one single Act. Combined, they make up a new Act that provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. However stirring up hatred is restricted to race and sexual orientation only

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.

Also covering LGBT discrimination would be the Human Rights Act, which is a fundamental piece of the legislation underpinning the Scottish Parliament. In 2024, Scotland revised its hate crime law to explicitly include gender identity and sexual orientation.
Current status
Unknown

LGBT employment discrimination in Scotland

?

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.
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LGBT housing discrimination in Scotland

?

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.
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Same-sex adoption in Scotland

?

Same-sex adoption in Scotland is legal.

Current status
Since Sep 28, 2009
Legal
Either single or coupled LGBT people can adopt children.
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Intersex infant surgery in Scotland

?

Intersex infant surgery in Scotland is parental approval required.

Current status
Since Jan 1, 1989
Parental approval required
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

?

Serving openly in military in Scotland is legal.

Current status
Since Jan 12, 2000
Legal
The British military actively recruits gay men and lesbians, all three services have deployed recruiting teams to gay pride events, and punishes any instance of intolerance or bullying. The Royal Navy advertises for recruits in gay magazines and has allowed gay sailors to hold civil partnership ceremonies on board ships and, since 2006, to march in full naval uniform at a gay pride marches. British Army and Royal Air Force personnel could march but had to wear civilian clothes until 2008, now all military personnel are permitted to attend Gay Pride marches in uniform.
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Blood donations by MSMs in Scotland

?

Blood donations by MSMs in Scotland is legal.

Current status
Since Jun 14, 2021
Legal
In line with UK rules.
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Nov 7, 2017–Jun 13, 2021
Banned (less than 6-month deferral)
3 month deferral. Changes pending.
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Jan 2011–Nov 7, 2017
Banned (1-year deferral)
In 2011 the rules were relaxed from a lifetime ban to a year ban.
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1980–Nov 2011
Banned (indefinite deferral)
Prior to November 2011, a lifetime ban was in place for MSM
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Conversion therapy in Scotland

?

Conversion therapy in Scotland is not banned.

Current status
Not banned
Conversion therapy ban pending.

Equal age of consent in Scotland

?

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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