Marriage (Same Sex Couples) Bill

Debate between Lord Campbell of Pittenweem and Yvette Cooper

Tuesday 5th February 2013 Commons Chamber

[Yvette Cooper]

I think that freedom of religion—an issue about which many hon. Members have expressed concern—is built very strongly not just into the Bill, but into our traditions and our long-term political history. It is something that we have always valued and I suspect that Parliament will always want to defend it. There are further safeguards in article 9 of the European convention. I agree with the Minister for Women and Equalities that it is inconceivable that the European Court would tell a Church or faith group to hold same-sex weddings. Despite the fact that many countries across Europe, including Spain, Portugal and Belgium, already have same-sex marriages, there have been no successful challenges in the European courts, and the Minister is right that the European Court allows a wide margin of appreciation.

We will want to discuss in Committee the issues affecting, for example, the Church in Wales. If it decided to support gay marriage in future, that could be subject to a veto by the Lord Chancellor and would require a separate vote in both Houses of Parliament. I hope that that can be examined in Committee.

Religious freedom goes both ways. Churches that object should not be required to sign up to same-sex marriage, but nor they should be able to block everyone else doing so. Other people do want to sign up. Polling has found that a majority of people support same-sex marriage, and Quakers, Unitarians and Reform Jews all want to be able to celebrate same-sex marriages. The Government originally ruled that out, but we argued that religious marriages should be included if organisations want that. I welcome the Government’s change of heart. Let us be clear: no one group, organisation, faith or institution owns marriage. Religious organisations should not be required to hold same-sex weddings, but neither, in the spirit of freedom of religion, should they prevent other religious organisations or the state from doing so.

Other objections have been raised. Some people argue that marriage by definition has always—for hundreds and perhaps thousands of years—been between a man and a woman and should remain so. For some people, that is their faith, and under the Bill their faith can be respected, but that is no reason not to change the law. It is hardly surprising that for thousands of years same-sex couples were not allowed to marry—they were not even allowed to exist. Same sex was illegal, never mind same-sex marriage. Legal sex by definition was between a man and a woman—that, too, was the case for thousands of years—but no one says that we should turn the clock back.

We cannot hide discrimination simply by calling it a definition. Marriage has changed many times over the centuries—and thank goodness for that. For hundreds of years, women were treated as property in marriage, handed from their fathers to their husbands and denied rights of their own. Until the 1990s, women’s bodies were effectively treated as their husbands’ property. If a husband raped his wife, it was not even treated as a crime. Civil marriage was introduced over 170 years ago and was pretty radical at the time, but now, every year, 160,000 of us get married in a civil ceremony. Marriage has changed before, and it should change again.

Some people oppose same-sex marriage because they believe that marriage is by definition about the procreation of children. However, that is not true of civil marriage, and that has been the case for over a century. Many marriages are childless, and we do not prevent people who are too old or too sick to have children from getting married. We do not do fertility tests at the altar. Yes, in vast numbers of families, marriage is an important starting point for a loving family bringing up children, but gay couples bring up children too. As people live longer, the family commitments involved in marriage are much wider than bringing up children.

Most MPs will know the sadness but also the inspiration they have drawn from visiting a long-married couple where, for example, the wife is struggling to cope, struggling to remember the world around her and struggling to recognise even the husband with whom she has shared decades of her life, yet he carries on: cooking for her, washing her, getting her up, putting her to bed, talking to her even as she becomes a stranger in front of him. That is marriage. But I have also visited a gay man, who died some years ago after a long illness during which he was cared for every day at home, in hospital and eventually in a hospice, by his long-term gay partner. I do not see why that cannot be marriage too. The idea that the biology of procreation should deny same-sex couples the respect that comes with marriage is to ignore the full richness—the happiness but also the tragedies—of modern family life. For better, for worse, for richer, for poorer, in sickness and in health: that is marriage.

Finally, with those who argue that extending marriage to include same-sex couples will somehow weaken or undermine marriage and stability for everyone else, I profoundly disagree. Marriage has changed many times before and society has not collapsed. Other countries are doing this and their Churches and societies have not fallen apart. Spain—Catholic Spain—has had same-sex marriage since 2004. Denmark, Belgium, Canada, Norway, Portugal, Argentina and South Africa all celebrate same-sex marriage. Only last week France passed the first vote on the way to same-sex marriage. The President of the United States is in favour of equal marriage too.

If the same-sex couples who have told me of their love for each other are able to get married, that will not weaken marriage; it will strengthen it. It certainly will not make it any less likely that the heterosexual couple with kids who live next door to them will stay together. If marriage is to stay relevant, to stay important and to remain a crucial part of our family and social relationships, it also has to remain in tune with the values of every generation, and that means that it should keep up with rightly changing attitudes towards homosexuality. The truth is that gay and lesbian couples have been locked out of too much for too long.

[Sir Menzies Campbell (North East Fife) (LD)]

Does the right hon. Lady accept that there is a kind of inevitability about what many of us are hoping will be decided here this evening? We discriminated against women, we discriminated against Catholics, we discriminated against people from ethnic minorities, but very gradually and not always completely but perceptibly, this House has passed legislation to remove such discrimination. Is not this evening yet another example and another opportunity to do so?

[Yvette Cooper]

The right hon. and learned Gentleman is right that this is the next step on a journey, and it is the right one. We should not resist the values of the majority of people across the country who now support same-sex marriage.