Scotland gay rights

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This key piece of legislation allowed a formal pardon to be granted to people who were convicted of offences related to same-sex sexual activity that were once considered illegal.

Although we have made great strides in evolving LGBTQI+ rights, we know that there is still a lot of work to be done.

The Scottish Government continues to work with and fund a wide range of organisations to improve the lives of LGBTQI+ people and is committed to ending harmful conversion practices in Scotland.

Conversion therapy bans have been discussed for many years. This ban would include sexual orientation and gender identity. This extended to the whole UK.

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.

Same-sex adoption in Scotland

Same-sex adoption in Scotland is legal.

Current status

Legalunder 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.

Intersex infant surgery in Scotland

Intersex infant surgery in Scotland is parental approval required.

Current status

Parental approval requiredunder 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 Childrenâs Act

Serving openly in military in Scotland

Serving openly in military in Scotland is legal.

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.

PM Boris Johnson promised to ban conversion therapy in July 2020 and this was reiterated in 2021.

Developing a Human Rights Bill for Scotland.

Workplace programmes

Stonewall has worked with hundreds of workplaces accross the last two decades to support them to realise the impact of LGBTQ+ inclusion. Must be 18 years of age
2.

In 2023, a Hate Crime Strategy for Scotland was published which sets out a vision of a Scotland that lives free from hatred and prejudice and where our communities are empowered, inclusive and safe.

As for the future, Scotland is committed to finding ways to further support LGBTQI+ communities where possible, helping to lead the way in ensuring a diverse and accepting culture for everyone.

Find out more about the work that the Scottish Government is doing to advance equality for LGBTQI+ people in Scotland (gov.scot)

Find out about the National approach to LGBT+ education (gov.scot)

LGBTQI+ Sport in Scotland

One organisation championing inclusivity in sport is LEAP Sports Scotland, supported by the Scottish Government through the Equality and Human Rights Fund.

We are currently supporting the Scottish Government on several pieces of work to promote, protect and realise the rights of every LGBTQ+ person in Scotland, including:

Ending conversion practices.
Our Proud Employers membership programme, alongside our specialist training, enables organisations across Scotland to embed inclusion in their work.

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

Legal, but requires medical diagnosisunder 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.

Abolishing sexual orientation and gender identity discrimination from sexual offences law in 2009. These joyous occasions were cheered on in the media and by communities throughout the country.

Same-sex couples have been able to enter into civil partnerships in Scotland since 2005.

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.

Legal recognition of non-binary gender in Scotland

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

Not legally recognizedunder 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 right for same-sex couples to adopt in 2009.

Improving equality and wellbeing for non-binary people.

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.

However, on April 16th 2025, the UK Supreme Court ruled that a woman is defined on the basis of âbiological sexâ.

They had been together for 18 years before they were able to marry.

They tied the knot in Glasgow, with their friends Nicola Sturgeon and Patrick Harvie acting as witnesses.

Ten years on, Susan and Gerrie still talk about the excitement of that night and the difference it made to their lives.

Susan said: "It has made us think even more about the importance of equality in Scotland.

We work in partnership with all six national LGBTQ+ organisations to advocate for LGBTQ+ equality across the Scottish Parliament, the Scottish Government and Scottish civil society.