Marriage laws vary in the countries of the UK; however they all prohibit marriages between same-sex couples.
Since 2005, same-sex couples have been allowed to enter into civil partnerships, a separate union which, largely, provides the same legal entitlements as marriage but the ceremony cannot be conducted in a church or other religious premises and cannot contain religious elements.
Since 2011, both the Scottish government and the British Coalition government have expressed the desire to introduce same-sex civil marriages in England, Wales and Scotland.
The Scottish government launched a consultation in September 2011 asking if marriage in Scotland should be allowed for gay people through a civil or religious ceremony. The consultation received over 50,000 comments from both sides of the argument. Those against were led largely by church leaders. Cardinal Archbishop Keith O’Brien being probably the most outspoken, said in a recent newspaper interview that the “grotesque” plans would “shame the United Kingdom in the eyes of the world” if implemented.
During the Scottish consultation, the Cardinal said: "As an institution, marriage long predates the existence of any state or government. It was not created by government and should not be changed by them. Instead, recognising the innumerable benefits which marriage brings to society, they should act to protect and uphold it, not attack or dismantle it."
Scottish Liberal Democrat (Lib Dem) leader Willie Rennie said: "I am very disappointed that senior and respected figures like Cardinal O'Brien and Gordon Wilson could be so intolerant. Liberal Democrats support the SNP government's effort to bring fairness and equality to marriage and we urge the first minister to stand firm against this campaign. What I find difficult to understand is why those opposed to equal marriage want to impose their views on everyone else when we are not seeking to impose our views on them. If two people want to get married and a church wants to conduct the service why should anyone stop them?"
The UK Conservative and Lib Dem Coalition Government last week launched a consultation for changing the law for England and Wales. Their proposals differ from those of the Scottish Government in that they would only allow civil same-sex marriages on civil premises.
The proposals which would come into force by 2015 are to:
• enable same-sex couples to get married through civil ceremonies.
• retain civil partnerships for same-sex couples, including the ability to have a civil partnership registration on religious premises (on a voluntary basis and retaining the ban on any religious elements forming part of the registration).
• allow transsexual people to change their legal gender without having to legally end their existing marriage or civil partnership.
• make no changes to how religious marriages are solemnized.
· allow couples in a civil partnership the option of ‘converting’ their existing civil partnership into a civil marriage.
The proposals have the backing of the leaders of the main UK political parties including the Conservative Prime Minister David Cameron, his Coalition Lib Dem deputy Nick Clegg and the Conservative Home Secretary Teresa May, as well as Ed Miliband, leader of the main opposition Labour Party. The main political opposition is likely to come from within the rank and file of the Conservative Party. As in Scotland, Catholic and Anglican leaders as well as the Chief Rabi have declared their opposition and have been encouraging their members to sign an online poll against the change. In Catholic parishes across England and Wales a pastoral letter was recently read out setting out the position of the Bishops’ Conference and, while using more temperate language, the argument is the same as that of Cardinal O’Brien, while emphasising that the essential nature of marriage includes procreation and the raising of children. However there are some churches which have come out supporting the changes.
The implication of their argument is that the Catholic Church would not marry a man and woman who were unwilling or unable to have children. The point was not lost on Jeremy Paxman when interviewing Vincent Nichols, the Archbishop of Westminster on the BBC’s main political news discussion programme Newsnight. Asked whether he would marry a man and woman who were infertile the Archbishop said he probably would if they intended to live as man and wife – without saying what he meant by that. Asked if he would marry a lesbian couple who wished to have a child by donor insemination, his answer was no – as ‘it would not be naturally their child’ – leaving the viewer to wonder whether the Catholic Church would have married Mary and Joseph given that Jesus was not naturally their child. When asked what he would say to a same-sex couple who came to him seeking marriage his reply was that, respecting their love for each other, he would say to them that, in the eyes of the church, they are called to ‘a very profound life-long friendship’. Condescending, patronising, ignorant, insulting? Take your pick!
Throughout the consultation document, the government constantly emphasises that it has no intention of forcing churches to conduct or solemnize same-sex marriages but by stating that it will not allow churches to do so it will disappoint gay or lesbian couples who would wish to have their marriage solemnized in church as well as those churches that have said they would like to be able to do so.
A Scottish Social Attitudes survey found more than 60% of people believe same-sex couples should have the right to marry, compared with 19% who disagree. Two recent polling for British newspapers using ‘neutral’ questions have seen figures in support of gay or same-sex marriage of 43% and 45%.
Responding to the earlier statements by Roman Catholic leaders, Ben Summerskill, chief executive of UK gay rights organisation Stonewall, said, “If Roman Catholics don’t approve of same-sex marriage, they should make sure they don’t get married to someone of the same sex”.
He has since said: ‘We’re pleased that the consultation process has finally started and are delighted to submit Stonewall’s full response. Stonewall supports the Government’s plans to make this modest change to extend the legal form of marriage. Leading clerics and some political figures have, in the past three weeks alone, compared equality for gay people with slavery, child abuse, polygamy and bestiality. That’s why it’s critical that the calm voices of lesbian and gay people are heard in this debate too. Ministers have pledged that same-sex couples will be able to marry in Britain by 2015. We trust that, given this commitment, these proposals will be included in the Queen’s Speech in May.’
Stonewall is urging all supporters of equal marriage to make their voices heard by responding to the consultation themselves before it closes on 14 June 2012.
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