Would Scots Law recognise a Dutch same-sex marriage?

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Assesses the likelihood of Scottish law recognising the validity of same sex marriages performed in the Netherlands. Reviews case law concerning the recognition of foreign marriages per se, international private law's treatment of polygamous marriages and possible public policy arguments against same sex marriages. Explains the ways in which Scottish courts may give legal recognition to their consequences, including: (1) by acknowledging that they deny the parties the capacity to marry again for the duration of their subsistence, under the Marriage (Scotland) Act 1977 s.5(4); (2) by accepting the parties' entitlement to statutory protection in areas such as intestate succession or adoption; and (3) by the granting of matrimonial relief including divorce.
Original languageEnglish
Pages (from-to)147-173
Number of pages26
JournalEdinburgh Law Review
Issue number2
Publication statusPublished - 31 May 2003


  • same-sex marriage
  • gender law
  • transgender law
  • scots law
  • scottish law
  • Netherlands


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