MSPs Consider Adultery Petition

A petition urging ministers to change the definition of adultery following the introduction of same-sex marriages is being considered by MSPs today.

Published 3rd Mar 2015

A petition urging ministers to change the definition of adultery following the introduction of same-sex marriages is being considered by MSPs today.

Akri Jones is calling for the change so the divorce process is the same for married couples, regardless of whether they are gay or straight.

She argues that as adultery is defined as being ''sexual intercourse between persons of the opposite sex out with marriage'', it does not apply to those in same-sex marriages.

Her petition, calling on the Scottish Government to ''amend the current definition of adultery within legislation so that is not restrictive to gender status'', is to be considered by MSPs on Holyrood's Public Petitions Committee.

Under current legislation people in a same-sex marriage who wish to separate after their partner has been unfaithful will not be able to cite adultery as grounds for divorce'', Ms Akri said.

Her petition states: In such scenarios individuals are not able to cite adultery as grounds for divorce but need to petition for divorce on the grounds of unreasonable behaviour. This clearly infringes on the human rights of an individual, it evidences that there is no equality in adultery laws and no marriage equality in all aspects.''

But the Free Church of Scotland has voiced concern that the petition could see adultery laws scrapped entirely.

James Fraser, the chairman of the Free Church's Board of Trustees, said: ''One of the potential options open to MSPs, should this petition go any further, would be to scrap the definition of adultery altogether. We urge them not to pursue this path.

''Christians, and even many non-religious people, believe that faithfulness in marriage matters and that adultery is wrong.

''If the Scottish Parliament were to abolish adultery, it would send a very clear signal of the absolute abandonment of the institution of marriage in our culture today.''

A Scottish Government spokeswoman said: ''We have no intention of changing current divorce law and provisions in it relating to adultery.