Would Scots Law Recognise a Dutch Same-Sex Marriage?

Abstract

The opening, in the Netherlands, of the institution of marriage to same-sex couples will sooner or later give rise to the question of whether the Scottish international private law rules relating to marriage will permit or even demand the recognition here ofsuch unions validly entered into there. It is suggested in this article that the proper approach is not to ask whether the Scottish court will recognise the relationship as the institution ofmarriage as such, but whether the Scottish court will give effect to consequencesflowingfrom thefact that the relationship has been sanctioned by the Dutch state. For many purposes the answer to that question is unavoidably yes, and it is argued that since that is so then on grounds ofprinciple, policy, and practicality the Scottish court should give effect to such consequences as it would in relation to a Dutch opposite-sex union. There is no public policy objection to doing so.