The path towards full legal equality for gays, lesbians and bisexuals in the
UK started in the 1960s with the decriminalization of same-sex sexual behavior.
It will be largely completed by the end of 2005 when same-sex loving, committed
couples will be able to enter into civil partnerships. These are virtually
indistinguishable from opposite-sex marriages, but are called by another name in
order to avoid offending those who feel that marriage should be a special right
for opposite-sex couples.
There were two bills proposed during Parliament's 2001-2002 session that
would have given limited recognitions to same-sex couples:
Jane Griffiths introduced her Relationships (Civil Registration)
Bill to the House of Commons on 2001-OCT-24. It would have
registered same-sex or opposite-sex relationships between two people who
were cohabiting. It did not proceed.
Lord Lester introduced his Civil Partnerships Bill to the
House of Lords on 2002-JAN-09. It would have recognized "civil
partnerships" between cohabiting couples. He decided to not proceed
with the bill after the government promised to study the matter.
"11
The British Broadcasting Corporation reported on 2003-JUN-30 that the British government
had issued a consultation paper on same-sex relationships. It is titled "Civil
Partnership - A framework for the legal recognition of same sex couples."
"13 The article described plans to create a system of
"civil partnerships" for gays and lesbians
that would parallel the existing system of heterosexual marriages. It would be
called a Civil Partnership Registration Scheme. All three main British political parties: Conservative, Liberal
Democrats and Labour were in general agreement with this proposal.
During the Queen's Speech on 2003-NOV-26, the government announced its intention to introduce a
Civil Partnership bill .
"11
The Civil Partnership Bill:
Will cover only same-sex couples. The Government decided that since
co-habiting opposite-sex couples had the option of marrying, they would
not be allowed to form civil partnerships.
Was preceded by a government consultation paper "Civil
Partnership: A framework for the legal recognition of same sex couples"
in 2003-JUN.
Was introduced to the House of Lords by the government on
2004-MAR-30 as Bill 53 of the 2003-2004 session.
Was enlarged by the House of Lords to include close relatives
and caregivers,
whether same-sex or opposite-sex, who are both over the age of 30 and
have been living together continually for over 12 years. Baroness Scotland of Asthal noted that this amendment
would allow a woman to form a partnership with her grandfather; she
would have her own mother as a step-daughter! This amendment was
overturned later by the House of Commons.
"11
Was passed by the House of Lords in its third reading on
2004-JUL-01.
Had its first reading in the House of Commons on 2004-JUL-05 as Bill
132 of the 2003-2004 session.
Passed its second reading on 2004-OCT-12 by a vote of 426 to 49.
Passed its third and final reading on 2004-NOV-09., in spite of a
wrecking attempt by some Conservative backbenchers.
Was approved by the House of Lords on 2004-NOV-17 by a vote of 251
to 136 in spite of still another last-minute wrecking attempt.
Received Royal Assent on 2004-NOV-18
Will into force on 2005-DEC-05, according to a government
announcement on 2005-FEB-21.
Covers all of the United Kingdom. However, there are minor
procedural differences to civil partnerships in Northern Ireland and
Scotland because
of their unique legal systems. "12
There will be a 15 day "cooling-off" period before couples can be "Civil
Partnershipped." According to the Government News Network, same-sex
couples can partnership on 2005-DEC-21, in time for the
Winter Solstice and
Christmas. The UK will become the tenth European
Union country to permit same-sex couples to either enter into conventional
marriages or civil unions with similar or equivalent privileges.
The media in the UK seems to have largely dropped the term "civil
partnerships" and adopted the terms "to wed," "wedding" "pink
wedding," and "gay wedding." "9
2001-NOV: Government's long-range plan introduced:
The government's minister for women and equality, Baroness Sally Morgan,
mentioned during an interview on 2001-OCT-31 that the Labour government was
closely following the practices of many other European countries which were
registering gay and lesbian relationships. Those countries granted same-sex
couples privileges that had been previously reserved as special rights for
opposite-sex married couples only. She said: "There's no suggestion
whatsoever that the government would move on the issue of marriage. We are very
clear that marriage remains as it is....There is an increasing public
debate on rights for same-sex partnerships," she said, "and I think it's one
that the government is watching with interest because there are clearly areas
where most people would recognize that at the moment there is some unfairness."
Reaction by conservative Christian individuals and groups was swift, and
negative:
Hugh McKinney, spokesperson for the National Family Campaign
said that the plan would be "an affront to married people and their
families."
Ann Widdecombe, a Roman Catholic Member of Parliament said: "This
would undermine the institution of marriage. Any kind of formal
recognition of gay relationships would militate against marriage."
Cornelia Oddie spokesperson for the Roman Catholic group Family and
Youth Concern, said: "Gay rights campaigners have won yet another
battle."
Dr. Adrian Rogers, spokesperson for Family Focus said, "I
think the promotion of homosexuality should be completely unlawful. We are
not allowed to promote it in schools so how can we allow local authorities
to promote the lifestyle?"
2002-DEC: Government plan confirmed:
During 2002-DEC, Barbara Roche, the UK's Minister for Social Exclusion and
Equalities, discussed government plans to grant same-sex couples the same
legal rights as married couples. She told the BBC's Today program that
the government would publicize detailed proposals in mid-2003. She said, "There
are a number of people in gay relationships, in lesbian relationships, who are
in loving relationships but their partnerships have no recognition in
law....What I am seeking to do is to say I think there is a strong case for
considering a civil partnership registration scheme." In Britain, as in may
other countries, gay and lesbian couples have no legal standing. They are
regarded as roommates. Roche described horror stories in which one partner was
refused visits in hospital or were excluded from funerals. Others had to sell
their homes to pay the inheritance tax which is non existent for married
couples.
Some reactions to the proposal:
Colin Hart, director of the Christian Institute, opposed the proposal
"because marriage is supported by the state because it is a
relationship for the bringing up of children.... This seems to be equating
some relationships, namely gay relationships, with marriage and I think
that is very wrong." Hart appears to be unaware that many gay and
lesbian couples also raise children.
Oliver Letwin, a representative of the Conservative party,
called for same-sex couples to be given some of the rights and privileges
that married couples receive, while still recognizing that marriage has "huge
cultural and religious connotations." He said: "What we are talking
about here is civil partnership registration-- the ability to have
financial rights, legal rights which give you protection as a
couple....Whilst we attach a huge importance to the institution of
marriage and want to keep that as it is, we do recognize that gay couples
suffer from some serious practical grievances."
Evan Harris, health spokesman for the Liberal Democrat party,
said that the idea was overdue. He said: "Couples of any sex must be
made equal before the law."
David Allison, spokesman for the gay rights group Outrage! was
pleased. He said: "We certainly welcome it and would hope that the
Government will go on and recognize these relationships in full."
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2003-JUN: Text of government plan released:
The proposal involves a same-sex registry
that committed same-sex partners could "...sign at a register office in front
of the registrar and two witnesses." They would then be considered "civil
partners" and receive rights and responsibilities equivalent to married
couples. As with married
couples, civil partners would not be compelled to testify against
each other in court. In the event of a relationship breakdown, the couple could
dissolve their partnership through the courts, much like married couples
divorce. The discussion paper says: "The government intends registered civil
partnerships to be long-term, stable relationships so there would be a formal,
court-based process for dissolution. The partner applying for the partnership to
be dissolved would have to show that it had broken down irretrievably."
Responses to the government paper:
The BBC reported that the similarity of Civil Partnerships to
opposite-sex marriage: "...has angered some Christian groups, who argue
marriage is being undermined, but some gay rights groups say they do not go
far enough. There are also complaints that same-sex couples are now getting
rights not available to unmarried heterosexual couples."
"7
The ruling Labour party's minister for women and equality, Jacqui Smith,
called for public consultations on the proposals. She described them as an
attempt to end the injustice that prevents same-sex couples from receiving
the social benefits and legal protections given to married couples. She said: "This is not about being 'PC', but about bringing law and
practice into line with the reality of people's lives. Thousands of people are
in long-term, stable, same-sex relationships....They are committed to each other
in all areas of their joint lives, but their relationships are invisible in the
eyes of the law...Same-sex couples often face a range of humiliating,
distressing and unnecessary problems because of a lack of legal
recognition....Civil partnership registration would underline the inherent value
of committed same-sex relationships....It would support stable families and show
that we really value the diversity of the society we live in....It would open
the way to respect, recognition and justice for those who have been denied it
too long." Smith appeared on a number of news programs, and was repeatedly
asked why the government is not proposing to simply enlarge the marriage
laws to include same-sex couples, as has
been done in Canada. She made vague references to "distinctive
traditions" and "certain connotations for people" that she
believes would not apply to same-sex couples.
Roger Smith, spokesperson for the Christian Action Research and
Education group argued that married couples have been given their
rights because they vow to have monogamous relationships and to procreate.
He said: "Civil partnerships cannot satisfy those criteria. And, we
say, therefore, let's look at the rights, case by case, but let's not just
take the whole package and give it to same-sex couples automatically on
registration." Smith may be unaware of the many same-sex couples who
are monogamous, and who raise children, either through in vitro
fertilization or adoption. He has also denigrated those opposite-sex married couples
who marry and remain childless because of medical condition, age, or
decision.
Ben Summerskill, spokesperson for Stonewall, a gay and lesbian
rights group, said: "It's a hugely important day for lesbians and gay
men across Britain.
2004-MAR-30: Bill introduced to Parliament:
The British Broadcasting Corporation (BBC) reported that "The
term 'gay marriage' is not used in the Bill, but the Civil Partnership
Registration Scheme seems to have been designed to be as close to a marriage
contract as possible." The bill would grant same-sex partners the same
rights and obligations as opposite-sex married couples have routinely
experienced, such as:
Social security, bereavement, injury and pension benefits.
Tenancy rights.
Possibility of adoption.
Full recognition in life assurance policies.
Responsibility to provide reasonable maintenance for partners and
children.
Same tax treatment as married couples, including exemptions from
inheritance tax on homes.
Visiting rights in hospitals.
The obligation to contribute financially to their relationship and
children.
Parental responsibility for the children of their partner.
The ability to dissolve the partnership via a divorce procedure.
Ability to register the death of a partner and make decisions
concerning burial.
Couples would qualify for a civil partnership if they are of the same
sex, meet a seven-day residential qualification, are over the age of 18, are not
related to each other within the prohibited degrees of relationship, are not
already married, and are not already in a civil partnership. There are special
provisions for persons who are 16 or 17 years of age, are housebound, or if
there is a compelling need to get civil partnershipped more quickly.
Same-sex couples would go to a government registry office, pay a fee, and
indicate their intent to register a civil partnership. Between fifteen days
and one year later, they could return to the office, pay a second fee, and
sign the civil partnership register in the presence of a registration
officer and two witnesses. If they wish, they could then proceed to a religious or secular
service of their choosing to celebrate their new status among friends and
family.
The government estimated that between 5,500 and 11,000 same-sex couples
will enter into civil partnerships by the year 2010.
"7
"Reactions to bill:
Trevor Bentham, partner of the late Sir Nigel Hawthorne, said the
new bill would dignify same-sex committed relationships in the eyes of
the law. He said: "The public pat you on the back for having lived
together for so long. But that isn't the point. The point is, in
[current] law, you have no status at all and that's quite cruel to
actually have to face finally...We've all waited a long time for this.
It is in place in many countries already and has been for years."
Bentham and Hawthorne had lived together for 22 years. But under law,
Bentham had no more rights than a roommate when his partner died. He
almost lost their home because of the necessity to pay inheritance tax -- a cost that
would not have been applicable if the Civil Partnership law was in place
at the time. "7
Mike Judge, spokesperson for the Christian Institute said: "We
are opposed to the Bill in principle because it devalues marriage by
giving all the legal privileges of married couples to same sex couples."
"7
2004-JUL-09: Civil partnership list launched:
The city of Brighton and Hove in the south of England initiated an
informal "Pink Wedding Waiting List" for same sex couples to register
their intent to enter into civil partnerships. More than 100 same-sex
couples entered their names in a pink suede-covered book when it first
became available on 2004-MAY-09. Robert Lewes and Keith Willmott-Goodall became the first couple to place
their names on the list. As of 2005-MAR, the list has grown to more than 260
couples. In the past, Brighton and Howe have held more same-sex commitment
ceremonies than any other city in the UK. They want to continue this
reputation once civil partnerships become available by being the "pioneer
city for pink weddings."
Council chief executive David Panter said: "The waiting list is a way
for a same-sex couple to demonstrate both their commitment to each other and
their support for the Bill."
Council leader Ken Bodfish said: "The Bill means we will be able to
offer same-sex couples a ceremony that will help provide them with a secure
future in a loving relationship."
The city wants to be the first jurisdiction in the UK to register a
same-sex couple on 2005-DEC-05. By 2005-MAR, they had picked three couples
to be married one second after midnight on DEC-21.
"9,10
2005-JUN-29: Methodist Church changes its policy about blessing same-sex
relationships:
Delegates to the conference of the Methodist Church in
England voted to give their ministers permission to bless same-sex
relationships, if they wish. The Methodist Church is the third largest
Christian faith group in England, after the Church of England and the
Roman
Catholic Church. More details/
2005-AUG-12: Couple marries in Canada and sues to have their marriage
recognized:
Sue Wilkinson, 51, and Celia Kitzinger, 48, are a lesbian couple who live
in Yorkshire, England. They married in British Columbia, Canada, returned to
England and plan to launch a lawsuit at UK's High Court. Kitzinger told The Independent newspaper: "Our relationship is not
a civil partnership, it is a marriage. Any different-sex couple who did what
we did would have had their marriage recognized [in England]. I feel
insulted about being treated differently than a heterosexual couple."
Under recently passed English law, the couple can register their
relationship under the Civil Partnership Act, and receive all the
benefits and obligations of marriage. But they would not be considered
married by the government.
If they are unsuccessful in British courts, they plan to appeal to the
European Court of Human Rights. "14
2005-DEC-19: Civil Partnerships become available in Northern Ireland:
Grainne Close and Shannon Sickles, a lesbian couple in Northern Ireland,
became the second same-sex couple to enter into a civil partnership in the UK.
Another couple had married earlier; they were given special dispensation by the
government because one spouse was terminally ill. By DEC-22, an estimated 687
couples were "partnershipped." The government estimates that 4,500 couples will
be "partnered" in the first year. Information on
civil partnerships and public reaction in late 2005-DEC when
they became available in the UK.
2005-JAN-08: Civil Partnership ceremonies unavailable in the Western Isles:
When same-sex couples enter into civil partnerships throughout the UK, they
go to their registry office and sign a basic registration in the presence
of two witnesses. They are then offered a ceremony similar to that given to
opposite-sex married couples. However, in one of its remotest reasons, the
Western Isles, no such ceremony is being offered. According to the Universe
Catholic Newspaper: "Western Isles Council’s policy committee has decided not
to offer such ceremonies after local registrars said they would be unwilling to
carry them out."
Christian church leaders of all denominations organized a campaign against
civil partnersips. Father Malcolm MacLellan of St Michael’s parish on Eriskay
said that: "Catholics here are loyal to the Church’s teaching that only a man
and a woman may marry. There is a danger in speaking out against the civil
partnership because you are immediately accused of being homophobic. That is not
the case." Not only is the Church opposed to same-sex marriage, they are
against recognizing same-sex relationships in any formal way. An anonymous
priest added: "The Western Isles is not some Brigadoon backwater. It’s just
that here politicians listen to the will of the people and people oppose these
so called gay marriages." 15 The Western Islands are also known as the Inner and Outer Hebrides. They
are located in the North Atlantic Ocean, off of western Scotland.
References:
The following information sources were used to prepare and update the above
essay. The hyperlinks are not necessarily still active today.
"Britain To Grant Married Rights To Same-Sex Couples,"
Catholic World News, 2002-DEC-6, at:
http://www.cwnews.com/
"Britain set to give gay couples full rights," The Sun
Herald, 2002-DEC-8, at:
http://www.smh.com.au/
"Britain Joins 'Gay Marriage' Bandwagon," Citizen Link, Family News
in Focus, 2003-JUN-30.
Sandro Contenta, "U.K. unveils 'marriage' proposals: Same-sex
couples could register as 'civil partners'." The Toronto Star,
Toronto, ON, 2003-JUL-1, Page A7.
"Civil Partnerships Before Christmas 2005," Government News
Network, 2005-FEB-21, at:
http://www.gnn.gov.uk/
"Same-Sex Couple "Married" in Canada Sues for Recognition of
Lesbian "Marriage" in UK," LifeSiteNews, 2005-AUG-08, at
LifeSiteNews.com [LifeSite news does not recognize same-sex marriages in
Canada as true marriages. On their website and news releases, they
usually put the word "marriage" in quotation marks when it refers to
other than an marriage by an opposite-sex couple.]
"Western Islander priests back ‘gay weddings’ ban," The Universe
Newsroom, 2006-JAN-08, at:
http://www.totalcatholic.com/
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