I’ve seen it reported in US media from time to time, that same sex marriage exists in the UK. It doesn’t. What exists in the UK is a segregated system of sexuality based apartheid. If you’re straight, you can get married, and if you’re LGBT, you can have a ‘civil partnership’. However, the issue of marriage equality is now emerging into UK public consciousness.
A civil partnership is largely like a marriage in terms of its legal effects, but it is not a marriage. In fact, it was deliberately stripped of any and all emotional or spiritual connotations entirely. A marriage in the UK is binding from the point that vows are spoken, and yet, a civil partnership is created instead from the signatures on a legal contract. A straight couple who hold a religious or spiritual faith may choose to incorporate elements of their beliefs into the ceremony. They have the option of making their marriage special in their way, and to honour their love and commitment in the manner most meaningful to them. LGBT people do not have this option. For married people, adulterous behaviour is grounds for divorce if they so choose -the same is not true of civil partners. Even if these differences did not exist, the law makes clear that a civil partnership is not a marriage. Marriage equality is what was sought, and the UK gave LGBT people something less. They deliberately segregated gay and straight people, and effectively said that gay people should not be afforded the right to get married or celebrate their love and commitment in anything that resembles a personal, spiritual way, and so creating a greater and a lesser form of partnership. In fact, this discrimination is so firmly entrenched that transsexual people, if married, must actually divorce only to then obtain a civil partnership in order to have their personal details officially corrected.
Ever since the Civil Partnerships Act recieved Royal Assent in 2004, there has been a cry for full marriage equality. A cry which is finally beginning to be heared across all three major political parties, with the Liberal Democrats having even gone so far as to make marriage equality a matter of their party policy… and well they might, as marriage equality in the UK is a very popular move to make. Opinion polls show a consistent majority in favour of equal rights and an end to the discrimination. Sadly though, the politicians are slow to practice what they preach.
Currently, the Government is faced with an opportunity and with pressure to end this discrimination as stipulated by legislation passed last year. The legislation makes very clear that no religious institution opposed to same sex partnerships would be required to perform them or to allow their places of worship to be used for them.
Many Liberal Democrats will no doubt be quick to claim any extention of LGBT rights towards marriage equality as a sign of their success and moral standing in Government. However, it should also be noted that the provisions which call for the change allowing LGBT people to involve their religious beliefs in their civil partnerships comes from an Equality Act, written last year under the leadership of a Labour Government (the self same act that effectively rolled back some of the rights of transsexual people, and decided that LGBT bullying in schools should not be specifically remedied). The implementation of the law allowing for this positive step towards marriage equality has in fact been delayed for a year by the current government. The fact is, when it comes to LGBT rights, none of the political parties have a particularly good record when it comes to actually fighting to do something about it -some worse than others, the worst, sadly, being the party leading the current Government!
Even so, this is a remarkably important step forward, at least in its potential, and it should be considered as such. The consultation undoubtedly will involve many churches vehemently opposed to marriage equality. These churches are worried that with the key difference in the ban on religious components to civil partnerships being removed, there would be no real reason not to call them marriages – and rightly so, because they’re right! However, there is no word from the Government on whether Civil Partnerships will be changed so that they may be referred to as marriages… it’s not really even on the agenda. The Government has simply suggested that it might think about it some time. The question is whether it is right that LGBT people who wish to be able to recognise their beliefs in a ceremony marking their partnership should be able to… and if their beliefs (or those of their church) allow for this, is there any fair reason why they should not be allowed to? No. There isn’t.
The right wing press is predictably spinning and overblowing the comments of church leaders to suggest a fear that they will be forced to perform gay marriages. It’s as predictable as it is tiresome. Left unchecked, extremist churches and right wing mariage equality opponents may well water down any eventual positive step towards marriage equality, or block it altogether. This should not be allowed to happen – at least not without firm opposition to such underhanded and homophobic intentions.
Fellow No More Lost writer Gemma, in her recent piece about France’s failure to ensure mariage equality, notes the way that the energy of the movement was lost following a homophobic court ruling in 2004. Reading her article, and noting the lack of widespread opposition to marriage equality, I have to wonder why. It seems to me that an explanation may be that unless related to an oppositional religious group, most heterosexual people aren’t exceptionally bothered by marriage equality, given that they don’t really have much cause to think about it and it doesn’t effect them.
For that reason, and that reason alone, as the issue of marriage equality enters the UK public consciousness, and as the right wing press spews out it’s typical homophobic propaganda and lies about the reality of what’s going on, it’s more important than ever that we make our case. It is more important than ever that we make ourselves heared. It is now more important than ever that we, LGBT people and our heterosexual allies, ensure that the public at large have more information than just the usual nationally disseminated lies and propaganda, and that the public consciousness of the issue also forms around an understanding of the wrongs and impacts that marriage INequality gives rise to.