The Church of Scotland has raised new concerns that ministers could be sued for refusing to marry gay couples.
In a report due to be considered by the general assembly next month, officials have warned the organisation could be “vulnerable to legal challenge”.
This is due to possible discrimination under the European Convention on Human Rights.
The report by the church’s Legal Questions Committee (LQC) says: “The scheme enables bodies such as the Church of Scotland and individual celebrants to be authorised to conduct different-sex marriages while at the same time refraining from seeking authorisation to conduct same-sex marriages. This legal structure may be argued to be discriminatory contrary to Articles 12 and 14 of the European Convention on Human Rights.”
There are suggestions the church could potentially pull out of solemnising all marriages but the report argues this would “rob ministers of one significant and evangelical opportunity” as marriages are an “important aspect of their ministry”.
Concerns were also raised that any legal challenges could cause “financial” and “reputational” damages to the church.
The Scottish Government says it protects those who do not wish to conduct ceremonies.
But the LQC argues that if a legal challenge was successful, it would be repealed and likely replaced with a system where those who wish to carry out different-sex marriages must also oversee same-sex marriages.