A personal thought
The Kirk, today, voted to be consistent and allow congregations to call ministers not only in a civil partnerships (which they agreed last year) but those in a same sex marriage.
A congregation has to agree 'to depart' from the traditional understanding of marriage and call a minister in a civil marriage.
No minister can legally perform a same sex marriage.
In so many ways this is a good thing, but it certainly isn't equality as there still feels there are so many hurdles to jump through if you are in a same sex marriage. A congregation must vote twice, to agree to depart from the 'traditional understanding' during a vacancy before calling anyone.
It some ways it makes the whole thing more obvious. It's like shouting 'We know you are gay and we are making this really big exception and going out out way to let you do this.'
I think if I were applying to a charge now I'd ask the congregation if they had voted in favour of departing, and if they hadn't, I would withdraw my application. To me that's the only way there is now to try and make the playing-field just.