To: The UK Parliament and The Scottish Parliament

We, the undersigned, call for: The immediate removal of the Oath of Allegiance to the Monarch taken by Members of Parliament (MPs) and Members of the Scottish Parliament (MSPs) and for its replacement with an Oath to the People, reflecting the sovereignty of the people of Scotland and the democratic principles that govern the United Kingdom.

Background:
Under the current system, MPs and MSPs are required to swear an oath of allegiance to the monarch before taking their seat in Parliament. This practice is not only outdated but also discriminatory and potentially illegal under the Equality Act 2010, and incompatible with the principles of Scottish constitutional law, which recognises the sovereignty of the people.

Republicanism as a Protected Belief:

Republicanism—the belief that the head of state should be elected rather than inherited—is a legitimate political ideology held by a significant portion of the population. Under the Equality Act 2010, this belief is legally protected as it qualifies as a "philosophical belief." Forcing MPs and MSPs to swear allegiance to the monarch effectively discriminates against those who hold republican views, as it compels them to pledge allegiance to a system they fundamentally oppose.

This not only infringes on their rights but also sends a message that those who advocate for democratic reform of the monarchy are less worthy of representing their constituents.

The Scottish Constitution and Popular Sovereignty:

In Scotland, the principle of popular sovereignty is a cornerstone of constitutional law. This principle, upheld by the Declaration of Arbroath (1320), the Claim of Right (1689), and more recently the Claim of Right Act 2018, affirms that the people are the ultimate source of political authority, not the monarch or Parliament. As such, requiring MSPs to pledge allegiance to the monarch directly contradicts the principle that elected officials serve the people first and foremost.

An oath to the monarch is incompatible with the democratic values of Scotland, where sovereignty rests with the people. This practice fails to recognise Scotland’s distinct legal and constitutional framework and undermines the rights of individuals who believe in a republican form of government.

Why the Oath to the Monarch is Discriminatory and Illegal:

Discrimination Based on Belief: The current requirement to pledge allegiance to the monarchy discriminates against those who hold republican views. Under the Equality Act 2010, philosophical beliefs, such as republicanism, are protected. Forcing individuals to swear an oath that contradicts their beliefs is a violation of this protection and constitutes indirect discrimination.

Violation of Popular Sovereignty: In Scotland, the people—not the monarch or Parliament—are sovereign. The imposition of an oath to the monarch undermines the principle of popular sovereignty enshrined in Scottish constitutional law. Elected representatives should owe their loyalty to the people who elect them, not to an unelected head of state.

Contradiction of Democratic Values: The oath to the monarch perpetuates an outdated and hierarchical system, in contrast to the democratic values of equality, accountability, and representation. MPs and MSPs should be free to serve all their constituents equally, regardless of their views on the monarchy.

Conclusion:

The Oath of Allegiance to the monarch is a discriminatory and unjust requirement for elected officials, incompatible with modern democratic principles and the legal protections afforded to individuals under the Equality Act 2010. In Scotland, it further conflicts with the constitutional principle of popular sovereignty.

We, therefore, demand that the Oath of Allegiance to the monarchy be replaced with an Oath to the People, ensuring that elected representatives serve their constituents without bias, discrimination, or undue loyalty to an unelected figurehead.

This petition highlights the legal and moral grounds for replacing the monarchy oath with an oath that respects the sovereignty of the people and protects all political beliefs under law.