Difference between revisions of "Marriage equality"

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[[Civil partnership]]s were introduced by the Labour Government under the [[Civil Partnership Act 2004]]. The first civil partnerships were formed in December 2005. Civil partnerships were essentially designed to parallel civil (as opposed to religious) marriage, hence the prohibition on holding a civil partnership ceremony on religious premises (this ban has since been removed) or on including any religious element in the ceremony. Currently the number of new civil partnerships is running at about 5,800 per annum.
 
[[Civil partnership]]s were introduced by the Labour Government under the [[Civil Partnership Act 2004]]. The first civil partnerships were formed in December 2005. Civil partnerships were essentially designed to parallel civil (as opposed to religious) marriage, hence the prohibition on holding a civil partnership ceremony on religious premises (this ban has since been removed) or on including any religious element in the ceremony. Currently the number of new civil partnerships is running at about 5,800 per annum.
  
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One difference from civil marriage as that sexual intercourse is not mentioned in the law. A marriage can be annulled if it's not consummated (ie if the couple don't have sex together) and one of the grounds for divorce is adultery (ie if one of the couple has sex with someone else): there's no equivalent for either of these in the case of civil partnerships. As a result the Church of England, which officially disapproves of clergy having homosexual relationships, has not banned its priests from entering into civil partnerships, on the grounds that they can do so and still remain sexually celibate.
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One difference from civil marriage is that sexual intercourse is not mentioned in the law. A marriage can be annulled if it's not consummated (ie if the couple don't have sex together) and one of the grounds for divorce is adultery (ie if one of the couple has sex with someone else): there's no equivalent for either of these in the case of civil partnerships. As a result the Church of England, which officially disapproves of clergy having homosexual relationships, has not banned its priests from entering into civil partnerships, on the grounds that they can do so and still remain sexually celibate.
  
 
A number of other countries, starting with Denmark in 1989, have introduced the equivalent of civil partnership, often called civil union, domestic partnership, or registered partnership. Several of these countries have since introduced same-sex marriage: in some cases the registered partersnips have simply been converted into marriages, in other cases such as the Netherlands civil unions and same-sex marriage continue to exist side by side.
 
A number of other countries, starting with Denmark in 1989, have introduced the equivalent of civil partnership, often called civil union, domestic partnership, or registered partnership. Several of these countries have since introduced same-sex marriage: in some cases the registered partersnips have simply been converted into marriages, in other cases such as the Netherlands civil unions and same-sex marriage continue to exist side by side.

Revision as of 23:08, 23 May 2012

Laws regarding same-sex sexuality

Homosexuality legal

   Same-sex marriage1
   Other type of partnership1, 2
   Foreign same-sex marriages recognized1
   No recognition of same-sex couples

Homosexuality illegal

   Minimal penalty
   Heavy penalty
   Up to life in prison
   Up to death

Rings indicate areas where local judges have granted marriage or imposed the death penalty in a country where that is not otherwise the law.

1May include recent laws or court decisions which have created legal recognition of same-sex relationships, but which have not yet come into force.

2Or unregistered cohabitation.
Marriage equality refers to the extension to same-sex couples of the ability to get married in the same way as opposite-sex couples. Full same-sex marriage has now been legally recognised in a number of countries around the world (starting with the Netherlands in 2001) and in some states of the USA. In the UK, demand for same-sex marriage was initially met by the introduction of civil partnerships, which provide almost all of the rights and obligations of marriage. However some differences remain, which has led tothe campaign to extend marriage as such to same-sex couples.

Partnership registrations

In response for the growing call for some form of recognition of same-sex relationships, the then Mayor of London, Ken Livingstone, introduced the London Partnership Register in 2001. This enabled same-sex couples to have a degree of recognition by an official body of their relationship, but had no legal force. It was open to opposite-sex as well as same-sex couples. Similar registers were set up in other places in the UK. The success of the London Partnership Register, and the lack of any public outcry against it, is thought to have paved the way for the introduction of civil partnerships.

Civil partnerships

Civil partnerships were introduced by the Labour Government under the Civil Partnership Act 2004. The first civil partnerships were formed in December 2005. Civil partnerships were essentially designed to parallel civil (as opposed to religious) marriage, hence the prohibition on holding a civil partnership ceremony on religious premises (this ban has since been removed) or on including any religious element in the ceremony. Currently the number of new civil partnerships is running at about 5,800 per annum.

One difference from civil marriage is that sexual intercourse is not mentioned in the law. A marriage can be annulled if it's not consummated (ie if the couple don't have sex together) and one of the grounds for divorce is adultery (ie if one of the couple has sex with someone else): there's no equivalent for either of these in the case of civil partnerships. As a result the Church of England, which officially disapproves of clergy having homosexual relationships, has not banned its priests from entering into civil partnerships, on the grounds that they can do so and still remain sexually celibate.

A number of other countries, starting with Denmark in 1989, have introduced the equivalent of civil partnership, often called civil union, domestic partnership, or registered partnership. Several of these countries have since introduced same-sex marriage: in some cases the registered partersnips have simply been converted into marriages, in other cases such as the Netherlands civil unions and same-sex marriage continue to exist side by side.

Trans issues

The Civil Partnership Act 2004 and the Gender Recognition Act 2004 were brought in together. Given that same-sex couples currently cannot be married and opposite-sex couples cannot have a civil partnership, there are special procedures involved when people change their gender. For intance if a married person changes gender and the couple wish to stay together they have to obtain an Interim Gender recognition Certificate and then have their marriage dissolved. After this the transitioning partner can get a full Gender Recognition Certifcate, and they can then if they wish form a civil partnership.

Couples who have been in this situation have found the process distressing. It can also be expensive, and affect pension and other rights.

The demand for marriage equality

The Civil Partnership Act was welcomed as a major step forward for gay people, but there has been a growing view that it does not represent full equality.

The Equal Love Campaign was launched on 26 October 2010, and aims to pose a legal challenge to the UK's ban on same-sex marriage and opposite-sex civil partnership. [1] It is taking a case to the European Court of Human Rights asking for four same-sex couples (including Rev Sharon Ferguson and her partner Franka) to be allowed to be married, and four opposite-sex couples (including Katherine Doyle and Tom Freeman) to have a civil partnership.

In Scotland the campaign for equal marriage is being organised by The Equality Network[2]

The Coalition for Equal Marriage has been set up with the support of a number of LGBT organisations to campaign for equal marriage, with the slogan "Separate but equal is not equal",[3] as a response to the Coalition for Marriage, which was set up to campaign against it.[4]

Other views of marriage

Some LGBT people (and indeed some non-LGBT people) do not support the idea of marriage at all, considering that it embodies outdated patriarchal views of relationships based on property rights. But as long as marriage exists, it should be available to gay and straight alike. This aspect was debated at the 2011 CHE Conference, with contributions from peter Tatchell, Andrew Lumsden, Ian Buist and Peter Scott-Presland.[5]

Government consultation

On 15 March 2012 the Home Office launched a consultation about the introduction of equal marriage in England and Wales[6] Equalities Minister Lynne Featherstone said: “I believe that if a couple love each other and want to commit to a life together, they should have the option of a civil marriage, whatever their gender. Today is a hugely important step as we consider how to lift the ban on civil marriage for same-sex couples. This is about the underlying principles of family, society, and personal freedoms. Marriage is a celebration of love and should be open to everyone."[7]

The consultation has 16 questions, as follows:

  1. Do you agree or disagree with enabling all couples, regardless of their gender, to have a civil marriage ceremony?
  2. Please explain the reasons for your answer.
  3. If you identify as being lesbian, gay, bisexual or transsexual would you wish to have a civil marriage ceremony?
  4. If you represent a group of individuals who identify as being lesbian, gay, bisexual or transsexual would those you represent wish to hve a civil marriage ceremony?
  5. The Government does not propose to open up religious marriage to same-sex couples. Do you agree or disagree?
  6. Do you agree or disagree with keeping the option of civil partnerships once civil marriage is available to same-sex couples?
  7. If you identify as being lesbian, gay, bisexual and were considering making a legal commitment to your partner would you prefer to have a civil parternsip or a civil marriage?
  8. The Government is not considering opening up civil partnerships to opposite-sex couples. Do you agree or disagree with this proposal?
  9. If you are in a civil partnership would you wish to take advantage of this policy and convert your civil partnership into a marriage?
  10. Do you agree or disagree that there should be a time limit on the ability to convert a civil partnership into a marriage?
  11. Do you agree or disagree that there should be the choice to have a civil ceremony on conversion of a civil partnership into a marriage?
  12. If you are a married transsexual person would you want to take advantage of this policy and remain in your marriage while obtaining a full Gender Recognition Certificate?
  13. If you are the spouse of a transsexual person, would you want to take advantage of this policy and remain in your marriage whilst your spouse obtained a full Gender Recognition Certificate?
  14. Do you have any comments on the assumptions or issues outlined in this chapter on consequential impacts?
  15. Are you aware of any costs or benefits that exist to either the public or private sector, or individuals, that we have not accounted for?
  16. Do you have any other comments on the proposals within this consultation?

For Scotland, The Scottish Government conducted a similar consultation exercise starting 2 September 2011.[8] The consultation has closed, but the results have not yet been announced. There are no plans for consultation in Northern Ireland.

References

  1. ↑ http://equallove.org.uk/2010/10/equal-love-campaign-launched/ Launch of the Equal Love Campaign
  2. ↑ http://www.equalmarriage.org.uk/ Equal Marriage Campaign (Scotland).
  3. ↑ http://www.c4em.org.uk/ Coalition for Equal Marriage.
  4. ↑ http://c4m.org.uk/ Coalition for Marriage
  5. ↑ http://www.c-h-e.org.uk/tie-the-not.htm "Tie the knot or break the chains": Debate on gay marriage at the 2011 CHE Conference
  6. ↑ http://www.homeoffice.gov.uk/publications/about-us/consultations/equal-civil-marriage/
  7. ↑ http://www.pinknews.co.uk/2012/03/15/public-consultation-on-equal-marriage-for-england-and-wales-opens/
  8. ↑ http://www.scotland.gov.uk/Publications/2011/09/05153328/0
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