Marriage (Same Sex Couples) Bill

Debate between Lord Lloyd of Berwick and Lord Alli

Wednesday 10th July 2013 Lords Chamber

[Lord Lloyd of Berwick]

Before the noble Lord moves on to that point, does he advance the same argument that Lord Marks advanced, that there must be a sexual element in every civil marriage? That, I feel, is the difficulty with the argument the other way.

[Lord Alli]

I have the same answer for same-sex marriage and opposite-sex marriage. We do not ask that question; we just do not. We say that if you say you are married, you define the nature of your own marriage. The state intervenes only in the breakdown of that marriage, when you cite the grounds for your divorce and can choose adultery or unreasonable behaviour. It is the same for civil partnerships. However I understand that, like marriage, the majority of civil partnerships start with a sexual component. That must be broadly understood.

I have two principal objections to the proposition of the noble Baroness. The first is about the nature of the relationship in a civil partnership. The noble Baroness seeks to use the civil partnership to review the Government’s tax and inheritance law. That does not deal with the nature of civil partnerships as I understand it. They were devised and brought into being to recognise a loving and—I accept this point—in most cases, a sexual relationship, between two individuals of the same sex. It was devised to give those sexual relationships a status in law, but not exclusively sexual. In many cases, it gave them the same benefits as married couples. It specifically excluded relationships that were exempted from marriage, such as mothers, daughters, fathers and sons, brothers and sisters.

Because of my personal view of civil partnerships—which is probably the view of the majority of people in this country—the very notion of giving access to civil partnerships between family members is the same as giving access to marriage to a brother and a sister, a father and a son, and a mother and a daughter.

--- Later in debate ---

[Lord Lloyd of Berwick]

I am sorry to interrupt the noble Lord. He said that the noble Baroness moving the amendment is to some extent motivated by the need to provide the financial benefits. That is not my reason at all. Of course, there will be financial benefits, but my reason lies far deeper than that. Civil partnerships should be available to the people covered by this amendment.

[Lord Alli]

I understand that. However, the noble and learned Lord is trying to break the notion of civil partnership as we understand it. I say to him that the issue of the churches being able to bless civil partnerships should be taken on board when considering the labour laws.