#RainbowPaper

As lesbian, gay, bisexual, transgender and

intersex (LGBTI) Scots we believe that
decisions about Scotland are best taken in
Scotland. With the full powers of an
independent country, Scotland can be the
fair and equal society that we all want to see.
With the power to speak with our own voice
in the world, Scotland will join its friends in
promoting LGBTI equality across the globe
thats why we are voting






Since our formation in 2012 we have attended all six LGBTI
pride events in Scotland with thousands signing up to our
positive vision of a Scotland that is fair, equal and independent
and one that promotes these values across the world.


Welcome to the Rainbow Paper
Yes LGBTI was formed by Scottish equality and human rights activists in
the run-up to Pride Scotia 2012 to ensure that LGBTI equality issues were
given due prominence during the referendum debate and to articulate the
reasons that independence will be good for LGBTI Scots.
It goes without saying that as LGBTI people we are much more than just our
sexual orientation, gender identity, and intersex status. We are younger and
older, students and workers, parents and grandparents, and we have the same
hopes and aspirations for our families and our country as everyone else.
As LGBTI people we will be voting for independence for many of the same
reasons as other Scots. We want to see decisions about Scotland taken by
the people who care most about Scotland the people who live and work
here. We know that with the full powers and resources of an independent
country Scotland will be able to take progressive decisions on a wide-range
of important issues from tackling poverty to strengthening our economy.
But we also know that independence offers a unique opportunity for
Scotland to secure the powers we need to ensure full equality for LGBTI
people here in Scotland and around the world.
Over the past 15 years of the Scottish Parliament, Scotland has consistently
taken a more progressive approach to LGBTI equality than Westminster
with world-leading equality laws and leadership in the areas where we have
control.
This paper outlines how with the full powers and resources of an
independent country Scotland can do far more to secure full equality for
LGBTI people in our society, and can act as a leading force for LGBTI
equality around the world.
Thats why on 18
th
September we are urging LGBTI people to vote Yes for
independence, and Yes for a country that can finally deliver equality for all.
1

Summary: How LGBTI people will benefit from
an independent Scotland
LGBTI people will of course benefit from independence in the same ways as
everyone else with full control over our own country and resources, the
ability to choose our own government and to take our own decisions in the
many areas that we care about. But independence will also specifically
benefit LGBTI people in the following ways:
1) LGBTI equality and human rights enshrined in a written constitution
ensuring that LGBTI equality is at the heart of our nation and that our
rights cannot be easily reversed as they can under Westminster control
See page 3 for more information.
2) Full control over equality law with the ability to protect the progress
that has been made in recent years and go further to secure full equality
by dealing with the significant deficiencies of current Westminster-
controlled equality law See page 5 for more information.
3) Full control over gender recognition allowing us to pass and then fully
implement progressive gender recognition legislation that recognises all
trans and intersex people See page 6 for more information.
4) Full control over public spending with the ability to protect and
increase spending on our public services and equality projects, allowing
us to properly invest in tackling bullying in schools, hate crime, and a
fully inclusive health service See page 6 for more information.
5) Our own public service broadcaster and support for the arts enabling us
to ensure that LGBTI people are better reflected on TV, film and the arts
to reflect our lives and educate society See page 10 for more information
6) Full control over foreign affairs and international development
Allowing us to actively promote LGBTI equality and human rights
around the world, including in the 77 countries that currently criminalise
and persecute LGBTI people See page 8 for more information.
7) Full control over asylum policy- enabling us to create a compassionate
Scottish asylum system that is able to offer protection to LGBTI people
facing persecution around the world in contrast to the degrading
treatment and rejection that LGBTI asylum seekers too often face under
Westminster control See page 9 for more information
2
Constitution




The Constitution
At the heart of an independent Scotland will be the values and principles
espoused in our constitution. Having a written constitution that firmly
protects and promotes LGBTI equality and human rights is an opportunity
that only independence offers.
This is our one chance to ensure specific protections on the basis of sexual
orientation, gender identity and intersex status in a written constitution,
enshrining LGBTI equality in the law of the land and ensuring that
protections from discrimination could not be easily reversed as they can be
now.
The UK has no such written constitution, and the current Tory-led UK
Government have demonstrated the threat that presents by suggesting that
they may seek to review and repeal the Human Rights Act after the next
general election in 2015. As a Labour Party parliamentary candidate in
England recently warned, plans to repeal the Human Rights Act would put
LGBTI equality in Scotland at risk if we remain part of the UK.
In June the Scottish Government published a draft constitution as a
precursor to discussions post-independence. If this constitution were
adopted it would see Scotland become the 8
th
country in the world with
specific mention for equal rights for all LGBTI citizens in its constitution,
joining Bolivia, Fiji, Kosovo, Malta, Portugal, Sweden and South Africa.
At the heart of Scotlands constitution will be the belief that sovereignty lies
with the people of Scotland. Our written constitution will set out and protect
the rights and aspirations of the people of Scotland, which form the basis of
everyday life. It will be the highest and strongest of laws a statement of
3
the fundamental principles by which our country chooses to live, regardless
of the political party in power.
You can read more about the plan for the constitution at
http://www.scotland.gov.uk/Resource/0045/00452762.pdf

















Full control over public spending
4
A lot of public spending remains controlled by Westminster. With full fiscal autonomy Scotland
would be able to better fund projects that promote LGBTI equality and human rights. The Scottish
Government currently provides funding to LGBTI equality organisations, but severe Westminster
cuts to UK-wide organisations like the Equality and Human Rights Commission are having a negative
impact on the services LGBTI people can access to uphold their rights and seek advice on equality
issues.



















Full control over equality law
One of the major gains of independence for LGBTI equality would be having
full powers over equality law which is currently controlled by Westminster.
Since the Scottish Parliament was established Scotland has consistently
taken a more progressive route on LGBTI equality, with world-leading
progressive legislation in areas including equal marriage and hate crime,
particularly when it comes to trans and intersex equality. With full powers
over equality law we would be able to continue this more progressive
approach and address the outstanding deficiencies in equality law that the
Westminster parliament has been unwilling to address, including:
Ensuring all trans and intersex people are fully protected from
discrimination (currently the protected characteristic only covers those
trans people who have had gender reassignment)
Ensuring gender identity and intersex status are counted as protected
characteristics in the general public sector equality duty (currently the
protected characteristic only covers those trans people who have had
gender reassignment)
Ensuring that sexual orientation is counted as a protected characteristic
from harassment (currently it is one of the only protected
characteristics not covered)
Ensuring equal pension provisions for same-sex couples (currently
private pension providers can discriminate against same-sex couples
and give them less provision)
Full control over equality law would also enable us to ensure that all the
progress that has been made in recent years on LGBTI equality cannot be
reversed in future. The Tory-led UK Government have indicated they may
review and amend equality law putting this progress at risk.




5



Full control over Gender Recognition
Independence would also give Scotland full control over gender
recognition, some aspects of which are still decided on a UK basis by the UK
Gender Recognition Panel and UK Government. A fully
independent Scottish gender recognition system would better enable
Scotland to fully implement more progressive gender recognition legislation
and processes, ensuring equal recognition for all trans, non-binary, and
intersex people without the threat of resistance from Westminster.

Full control over public spending
While the Scottish Parliament currently has legislative and executive control
over some important areas for LGBTI equality, including education, health,
justice, and funding for LGBTI equality organisations, Scotland has no
control over the money that Westminster chooses to give us in our block
grant to fund these important services and LGBTI equality projects.
That funding can be cut by Westminster at any point they choose. In fact,
even the powers Scotland has under devolution can be reversed if
Westminster chooses.
The Tory UK Government is intent on slashing public spending in their
drive to privatise and sell out our valued public services like the NHS, and as
a result Scotlands budget is being reduced right now, year-on-year, putting
immense pressure on the funding Scotland is able to dedicate to ensuring our
public services meet the needs of LGBTI people through efforts to tackle
bullying in schools, to stamp out hate crime, and to secure a health service
that truly meets the needs of LGBTI people.
Without fiscal autonomy, full control of taxes, public spending and the
economy, Scotland will always be entirely reliant on the whims of
Westminster and therefore in an insecure and precarious position when it
comes to guaranteeing funds for LGBTI equality.
With independence and full control over these powers Scotland will be in a
much stronger position to protect and even extend funding in these
important areas as we the people of Scotland control our own resources
and choose what to do with them.
6

Equal life chances for LBT women

Independence offers the best future for lesbian, bisexual and trans women
across Scotland. Women have been hit hardest by the draconian welfare
reforms and drastic cuts to public spending that the UK government is intent
on continuing. LBT women are hit doubly hard by cuts to LGBTI services
too, as well as those who are disabled, minority ethnic, and older people.
Scotlands MPs voted against these cuts, but because we do not have
independence they were imposed on us anyway by Westminster.

Women make up 65% of the public sector workforce which has been
disinvested in for a decade. Women also make up the majority of people on
the minimum wage - Westminsters inertia about raising it to a living wage
means that it is clear they will never fulfil their promises to ensure a fair
days pay for a fair days work.

An independent Scotland will:
Introduce greater representation of women on public boards
Work to ensure that everyone is paid fairly and equally for the work
that they do
Be in a position to choose to fully fund projects and services that help
deliver equality for lesbian, bisexual and trans women
Governments have always tried to crush reform
movements, to destroy ideas, to kill the thing that
cannot die. Without regard to history, which shows
that no governments have ever succeeded in doing this,
they go on trying in the old, senseless way

Emmeline Pankhurst



7



Full control over foreign affairs & international
development
Around the world including in parts of the UK LGBTI equality and
human rights are routinely breached and denied on a daily basis. LGBTI
people face persecution, including the threat of imprisonment and even the
death penalty, in the 77 countries that criminalise same-sex relationships.
While Westminster currently has control over foreign affairs and
international development, Scotland has shown that where we are allowed to
make a difference on international LGBTI equality we will.
The Glasgow 2014 Commonwealth Games were a proud example of this, and
are widely recognised as the most LGBTI-friendly games ever. With Scotland
broadcasting a same-sex kiss to a billion people watching around the world,
including in the 42 Commonwealth countries that criminalise same-sex
relationships. During the Games, the Scottish Government funded the first
ever Commonwealth Games LGBTI Pride House, flew the rainbow flag from
government buildings, and proudly spoke up for LGBTI rights both in public
statements and in bilateral meetings with foreign governments.
We want Scotland to be a progressive beacon that stands up for LGBTI
equality around the world, but to do that we need to be an independent
country.
Having full control over foreign affairs and international development would
enable Scotland to make full use of diplomatic relations and take a more pro-
active approach to promoting LGBTI equality and human rights around the
world than is currently done by Westminster on our behalf. We could also
maximise the impact that international aid has on promoting LGBTI equality
and human rights.
The Westminster parties say that the UK can do all of this but the question
is why isnt it already doing enough now? Independence would mean Scotland
has its own voice on the world stage enabling us to actively promote equality
ourselves and also work in partnership with other countries, including the
UK, to ensure the best chance for progress.
8

Full control over asylum policy
Most people in Scotland want to have a fair, just and humane asylum system
where decisions are made on a case-by-case basis by an independent body,
where asylum seekers are treated with respect not degraded, and where those
LGBTI people facing persecution are offered protection. We dont have this
just now under the UK. If anything we have a system of asylum and
immigration designed to thwart at every turn.
77 countries currently criminalise same-sex relationships, with state-
sanctioned punishments including imprisonment and the death penalty, and
LGBTI people face severe discrimination and harassment around the world.
The UKs current asylum system is not working for LGBTI people and
leaves too many at risk of continued persecution. The UK currently chooses
to treat LGBTI asylum seekers in a degrading manner and too often refuses
protection from those believed to be at genuine risk of persecution.
A recent report by the Home Office Select Committee found evidence of
LGBT asylum seekers having to prove their sexuality, oftentimes at great
personal danger. Recently the court of session has had to intervene to stop the
UK deporting people back to their country of origin who are at risk of being
seriously harmed because of their sexual orientation.
This is an appalling state of affairs and is in stark contrast to the pro-active
efforts of the Scottish Government and Parliament to offer asylum to
LGBTI people facing persecution in countries like Uganda.
It is clear from the established political consensus in Scotland, that as an
independent country we would have a compassionate asylum system where
asylum seekers are treated with dignity, respect and humanity.
You can read more about LGBTI issues and asylum at:
http://www.channel4.com/news/gay-asylum-seekers-britain-uganda-
homophobia and here
http://www.scottishrefugeecouncil.org.uk/news_and_events/latest_news/24
82_new_guide_for_lgbti_asylum_seekers

9




























Public service broadcasting and the arts
Do you agree with us that the lives of LGBTI people in Scotland are not
adequately reflected on TV, film, and in the arts?
An independent Scotland would have its own Scottish public service
broadcaster that could better reflect the lives of Scottish LGBTI people and
indeed all Scottish people in its programming, rather than a London-centric
broadcaster over which we have little influence and that often seems to forget
we even exist.
Scotland would also have the ability to better fund the Scottish film industry
and the arts, ensuring that our voices are heard and our stories are told.
As a matter of principle LGBTI people in Scotland deserve to have their lives
represented on screen and in the arts, but representation is also crucial in the
fight to changing the negative attitudes that some people still have towards
LGBTI people.
After all, education and visibility are the most powerful tools that we have to
change the world.




10









For a Scotland that stands up for LGBTI
equality at home and around the world
On 18
th
September weve got one opportunity to create the fairer and more
equal Scotland that we all want to see.
One opportunity to put decision-making and Scotlands resources in our own
hands, to secure full equality for LGBTI people at home and around the
world.
One opportunity to enshrine LGBTI rights in a constitution, to take full
control of the law and public spending on equality, and to get the powers we
need to stand up for human rights around the world.
Scotland has proven that when given the opportunity we will take a world-
leading approach to LGBTI equality with progressive laws and leadership.
But its only with the full powers of an independent country that we can
finally secure true equality for LGBTI people and a fairer society for all.
Dont waste this opportunity, vote Yes on 18
th
September.



11





My aspiration for an
independent Scotland is for a
country that is fair, just, and
supportive to all who call it
home and which extends a hand
of friendship to those in need
across the world for that we
need a Yes!
Kirsty , Highlands

Scotlands Future in Scotlands
Hands.
Stewart , Glasgow

Were voting Yes because
Scotland can become a country
that can give opportunities for
all to flourish.
Ali & Penny, Dundee

Why wouldnt you want to take
control of your own affairs? Its
a Yes from me!
Paul, East Renfrewshire

Because we
shouldnt be
governed by people
we didnt elect.
Rowenna,
Edinburgh

Im voting Yes because I want a
Scottish Government I can
relate to instead of my life as an
LGBTI person being played
with by an unelected upper
house and politicians hundreds
of miles away.
Callum, Dundee

200,000 children
living in poverty?
No Thanks!
Joe, Edinburgh










The prospect of a written
constitution for an
independent Scotland that
enshrines the rights of
Lesbian, Gay, Bisexual,
Transgender and Intersex
people will be very
appealing for Scotlands
LGBTI community.
Alastair Smith, Chief
Executive of Pride
Glasgow






























Promoted by Kirsty MacAlpine and Stewart McDonald on behalf of Yes
LGBTI, 1147 Cathcart Road, Glasgow, G42 9HB
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