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The same-sex marriage bill does not live up to its aspiration of equality The same-sex marriage bill does not live up to its aspiration of equality
(4 months later)
When MPs debate the same-sex marriage bill on Monday in parliament they will be discussing legislation that doesn't quite live up to its aspiration of equality. Instead of fully including lesbian, gay, bisexual and transgender (LGBT) couples within the ambit of existing marriage law, some aspects of law remain different for gay and straight married couples. I tend to agree with the archbishop of Canterbury that the bill is incredibly complicated and is not consistent.When MPs debate the same-sex marriage bill on Monday in parliament they will be discussing legislation that doesn't quite live up to its aspiration of equality. Instead of fully including lesbian, gay, bisexual and transgender (LGBT) couples within the ambit of existing marriage law, some aspects of law remain different for gay and straight married couples. I tend to agree with the archbishop of Canterbury that the bill is incredibly complicated and is not consistent.
The 1949 Marriage Act is the UK's main marriage law. It does not stipulate that marriage partners have to be male and female – this requirement is only three decades old. Prior to the early 1970s, there was no ban on same-sex marriage: it was de facto legal. The prohibition was introduced in response to the emergence of the gay liberation movement and the fear that a lack of legal impediment would allow transgender and same-sex couples to marry.The 1949 Marriage Act is the UK's main marriage law. It does not stipulate that marriage partners have to be male and female – this requirement is only three decades old. Prior to the early 1970s, there was no ban on same-sex marriage: it was de facto legal. The prohibition was introduced in response to the emergence of the gay liberation movement and the fear that a lack of legal impediment would allow transgender and same-sex couples to marry.
Marriage between two people of the same gender is outlawed under the Matrimonial Causes Act 1973. The repeal of this legislation would make same-sex marriage legal again under the 1949 act. Alas, the government is now proposing different rules for LGBT marriages. For married heterosexuals, non-consummation and adultery with an opposite-sex partner are grounds for annulment or divorce according to the 1949 act. Under the current bill, however, non-consummation does not invalidate a same-sex marriage, and adultery with a person of the same gender is not grounds for divorce. While this may be a progressive reform of marriage legislation, it makes the law unequal.Marriage between two people of the same gender is outlawed under the Matrimonial Causes Act 1973. The repeal of this legislation would make same-sex marriage legal again under the 1949 act. Alas, the government is now proposing different rules for LGBT marriages. For married heterosexuals, non-consummation and adultery with an opposite-sex partner are grounds for annulment or divorce according to the 1949 act. Under the current bill, however, non-consummation does not invalidate a same-sex marriage, and adultery with a person of the same gender is not grounds for divorce. While this may be a progressive reform of marriage legislation, it makes the law unequal.
With regard to pension schemes, the bill does not grant LGBT married couples the same entitlements as married heterosexuals. It allows companies to limit surviving same-sex spouses' pension payouts to post-2005 accrual only, even if the deceased partner had been paying into their pension since 1970. This perpetuates pension inequalities enshrined in civil partnership law.With regard to pension schemes, the bill does not grant LGBT married couples the same entitlements as married heterosexuals. It allows companies to limit surviving same-sex spouses' pension payouts to post-2005 accrual only, even if the deceased partner had been paying into their pension since 1970. This perpetuates pension inequalities enshrined in civil partnership law.
The campaign for same-sex marriage has always been premised on the principle of equality, rather than support for marriage per se. I'm no great fan of wedlock. Indeed, I've proposed a radical alternative to marriage – a civil commitment pact – where a person can nominate as next-of-kin and beneficiary any "significant other" in their life. But for 21 years I've championed the right of LGBT couples to marry. Together with my colleagues in the queer rights group OutRage!, in 1992 I organised five same-sex couples to file applications for civil marriage at Westminster register office. There was a comical moment when the horrified registrar realised the 1949 Act does not prohibit same-sex marriage and made a panicked phone call to the Home Office. She was eventually informed, to her relief, that the prohibition is covered by the 1973 Act.The campaign for same-sex marriage has always been premised on the principle of equality, rather than support for marriage per se. I'm no great fan of wedlock. Indeed, I've proposed a radical alternative to marriage – a civil commitment pact – where a person can nominate as next-of-kin and beneficiary any "significant other" in their life. But for 21 years I've championed the right of LGBT couples to marry. Together with my colleagues in the queer rights group OutRage!, in 1992 I organised five same-sex couples to file applications for civil marriage at Westminster register office. There was a comical moment when the horrified registrar realised the 1949 Act does not prohibit same-sex marriage and made a panicked phone call to the Home Office. She was eventually informed, to her relief, that the prohibition is covered by the 1973 Act.
The current push for marriage equality was begun by the Equal Love campaign. In February 2011 it sponsored four gay couples and four straight couples to file a joint application to the European court of human rights seeking to overturn the twin bans on same-sex civil marriages and opposite-sex civil partnerships. Three months later, David Cameron agreed to support a review of the ban on LGBT marriage, which resulted in the current bill.The current push for marriage equality was begun by the Equal Love campaign. In February 2011 it sponsored four gay couples and four straight couples to file a joint application to the European court of human rights seeking to overturn the twin bans on same-sex civil marriages and opposite-sex civil partnerships. Three months later, David Cameron agreed to support a review of the ban on LGBT marriage, which resulted in the current bill.
Regrettably, although Cameron supports marriage equality, he opposes the legalisation of heterosexual civil partnerships. His Conservative backbench critics are the exact opposite: they support equal civil partnerships but oppose the right of LGBT people to marry. Both are inconsistent.Regrettably, although Cameron supports marriage equality, he opposes the legalisation of heterosexual civil partnerships. His Conservative backbench critics are the exact opposite: they support equal civil partnerships but oppose the right of LGBT people to marry. Both are inconsistent.
For me, banning same-sex marriage is homophobic discrimination. I resent being told that I'm not allowed to marry because I am gay. I want to be able to choose – and refuse. In a democracy, everyone should be equal before the law. This includes the right of same-sex couples to marry and be just as happy – or miserable – as married heterosexuals.For me, banning same-sex marriage is homophobic discrimination. I resent being told that I'm not allowed to marry because I am gay. I want to be able to choose – and refuse. In a democracy, everyone should be equal before the law. This includes the right of same-sex couples to marry and be just as happy – or miserable – as married heterosexuals.
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