Alex Salmond has angered the Catholic Church by rejecting its proposals for a referendum on legalising gay marriage because it is an “issue of conscience, not constitution”. The First Minister said Tuesday’s Scottish Cabinet meeting had not dismissed the plan for a public vote out of hand but had concluded it was “not appropriate” after careful consideration.
He reiterated he was personally in favour of the move but emails leaked to the BBC last night suggested he may further delay its introduction until Westminster agrees to change the Equality Act.
The correspondence with the Home Office show Scottish ministers think the latter legislation may have to be amended to ensure clergymen are not taken to court if they refuse to marry gay couples.
But Westminster sources suggested the emails were leaked as a delaying tactic and to appease the church. Cardinal Keith O’Brien, Scotland’s Catholic leader, said yesterday the implications of gay marriage are as important as any constitutional matter and should be voted on by the public.
A consultation on the move attracted a record 80,000 responses, around three times the number of people who provided their views on the SNP's independence referendum plans.
Senior church sources also pointed out that an SNP – run council in Aberdeen had recently staged a referendum on redeveloping gardens in the city centre. Despite briefings to the contrary, Mr Salmond insisted his administration had never said a decision would be announced on Tuesday.
He said it was impossible to reach consensus but SNP MSPs, who have a majority in the Scottish Parliament, will be given a free vote on the legislation so they can decide in line with their consciences instead of party policy.
However, this will not happen until a new cabinet subcommittee reports back to him about possible legal problems.
He refused to comment on the specific issues they will examine, but the group, which includes Kenny MacAskill, the Justice Minister, and Nicola Sturgeon, Mr Salmond's deputy, is understood to be looking at whether clergymen will be open to legal action if they refuse to marry homosexual couples.
Cardinal O'Brien welcomed the subcommittee but attacked the decision not to hold a referendum. "The serious implications for freedom of belief and expression of redefining marriage should be as important to a free society as any constitutional matter," he said.
Commenting on the leaked emails, Willie Rennie, the Scottish Liberal Democrat leader, said: "I want an assurance that the Scottish government's demands on the Equality Act are not them putting up a straw man to appease opponents of equal marriage."
A Scottish Executive spokesman insisted the information was not new and a consultation paper published last September made clear changes to the UK legislation might be required.
He said it was impossible to reach consensus but SNP MSPs, who have a majority in the Scottish Parliament, will be given a free vote on the legislation so they can decide in line with their consciences instead of party policy.
However, this will not happen until a new cabinet subcommittee reports back to him about possible legal problems.
He refused to comment on the specific issues they will examine, but the group, which includes Kenny MacAskill, the Justice Minister, and Nicola Sturgeon, Mr Salmond's deputy, is understood to be looking at whether clergymen will be open to legal action if they refuse to marry homosexual couples.
Cardinal O'Brien welcomed the subcommittee but attacked the decision not to hold a referendum. "The serious implications for freedom of belief and expression of redefining marriage should be as important to a free society as any constitutional matter," he said.
Commenting on the leaked emails, Willie Rennie, the Scottish Liberal Democrat leader, said: "I want an assurance that the Scottish government's demands on the Equality Act are not them putting up a straw man to appease opponents of equal marriage."
A Scottish Executive spokesman insisted the information was not new and a consultation paper published last September made clear changes to the UK legislation might be required.