Research Topic: Conscientious Objections to Same-Sex Marriage: A Comparative Research Study of Scotland in United Kingdom and State of New York City in United States of America
Part A: Methods of Research:
The research on conscientious objection to same-sex marriage was carried out using mostly primary sources such as Scotland and State of New York Laws, this include constitution and laws enacted by the New York State Assembly and Scottish Parliament. Also past cases and accompanying judicial opinions issued by courts such as McClintock v. Department of Constitutional Affairs were also used to reach conclusions. From most of the court ruling, I got exposed to arguments and authoritative facts about the research topic.
The research also made use of secondary sources such as Legal encyclopaedias, Treatises Legal periodicals; Practice materials and domestic relations lecture notes. These materials were helpful and constituted a good source of citations.
Through random internet searches, I was also able to access links such as the New York State Assembly Marriage Equality Act A8354-2011, from where I deducted most of the data that informed the position of my research findings.
Part B: Comparison between Scots law and the law of New York City
This research is set to undertake a comparative study of rule (statutory or common law) setting out whether a person authorised to conduct marriages may refuse to do so (without breaching equality legislation) in the case of marriages between same-sex couples – in Scots law and New York City In the United States of America.
The Scottish Parliament on 20th of November passed stage one reading of the Bill that seeks to allow same sex couples to marry. While the full passage of the bill is still in progress, it is worth to recall that existing Scottish law under the Civil Partnership Act 2004 designate marriage under religious believe as exclusive rights of opposite sex couples and recognises same sex relationship only under Civil Partnership . The distinctive difference between the aforesaid two relationships is that while the opposite-sex couples can choose to have a religious or civil marriage, the same sex couples are restricted only to civil partnership consummated under civil procedure with no religious celebrant (only district registrars).
Under the Civil Partnership (Scotland) Act 2004, it is an offence to refuse to record civil partnership proceedings . The Act vividly entrench that a civil partnership registrar commits an offence if he refuses or fails to comply with the provisions of the Chapter or any other regulations made under section 36 of the Act . The Civil Partnership (Scotland) Act further stipulate that a civil partnership registrar if found guilty or indicted of an offence under subsection (1) of the 2004 Civil Partnership Act will be liable to a jail term not exceeding two years, a fine, or in most cases both punishment will apply and that such a person on conviction...