Marriage (Same Sex Couples) Bill

Baroness Butler-Sloss Excerpts

Monday 8th July 2013 Lords Chamber

[The Earl of Listowel]

My Lords, I listened with great interest as the noble and learned Lord, Lord Mackay of Clashfern, presented his case, particularly to what he said about children and families and the importance for children to grow up in a very strong environment, ideally with a father and a mother. I do not think that he said that specifically, but he talked about children coming into the care system and the difficulties at finding someone who will make a real commitment to the child. In my own family, marriage was fairly relaxed from a religious point of view, but it was there in preparation for having a child and gave us children a secure base to look forward to.

I listened to the noble Lord, Lord Lester, speaking about the old view and the modern view of marriage. The old view is there for families and to give a strong framework in which children can grow up, and the modern view is much more about individual adults choosing what is best for them and what they feel most comfortable with. I am reminded of a report from the Children’s Society—the Good Childhood inquiry—some time ago, which drew attention to exactly that change and shift in adults, and the unfortunate consequence for children, with so many children nowadays growing up without contact with their fathers. That freedom of choice for adults has become a very unhappy situation for many children who do not have that security of having a father around.

This is such a difficult question and it is helpful that the noble and learned Lord has tabled the amendment. It is important to distinguish between this new version of marriage that we are discussing today, and traditional marriage, especially as there is some misunderstanding about the impact of same-sex parenting and heterosexual parenting on child development. There are strong feelings on both sides, and some say now that the question is quite finalised: we all know that same-sex parenting has the same outcomes for children as heterosexual parenting. However, I think that there are a number of difficulties about that particular point of view, and I would say briefly that same-sex parenting has been around for only a short time; it is a new phenomenon, so scientifically there has not been the time for extensive or controlled research to verify either way, or to provide data on these outcomes. We will come back to this later in the debate, but I support strongly what the noble and learned Lord proposes, and I hope that the Minister will feel inclined to accept it.

[Baroness Butler-Sloss]

My Lords, I am grateful to the noble and learned Lord across the Chamber. I want to make a brief point to the noble Lord, Lord Lester. If the noble and learned Lord, Lord Mackay, had asked for the phrase, “traditional marriage”, the point made would have some benefit and would be something that we should perhaps take into account. But the amendment refers to “same sex couples” and “opposite sex couples”, so how on earth can anyone suggest anywhere that one sort of couple is better than another sort of couple? They just happen to be different—different and equal. So I cannot see how the noble Lord, Lord Lester, can make the point that one group will be downgraded because they are the same sex and another will not be downgraded because they are opposite. That is not an argument that can be used in the present wording—very clever and careful wording, if I may respectfully say so—of the noble and learned Lord’s amendment.

[The Lord Bishop of Chester]

My Lords, I find myself asking, what would actually change in the Bill if we accepted the amendment? As I understand it, there would be recognition of difference yet equal treatment of the two types of couple. That is what would happen. Therefore, I ask the noble Lord, Lord Lester, who we all respect so greatly, is it the case that the couples would not be regarded equally when, in fact, the treatment of the couples would be exactly equal in law? The noble and learned Baroness, Lady Butler-Sloss, made a similar point. Would accepting the amendment of noble and learned Lord, Lord Mackay of Clashfern—there are two Lord Mackays now in the House—accord either of these forms of marriage a superior status, as was alleged? I do not see that on the face of the Bill. It simply accepts a certain difference.

Behind this lies a seductive aspect of the Equality Act itself, that any differentiation amid the protected characteristics is all the same. Therefore, the difference between a woman of childbearing age and a woman beyond childbearing age is just the same as the difference between a man and a woman. That is plainly not the case. There is a greater distinction between a man and a woman biologically than between a woman of childbearing age and one who is not. An element of recognition of difference within equal treatment in law is entirely consistent with the purposes of the Bill.

--- Later in debate ---

[Baroness Butler-Sloss]

My Lords, I too have put my name to this amendment. It is a narrow and transitional amendment and does not in any way affect the fundamental underlying purpose of this Bill. Marriage registrars carry out a particularly attractive job. On the number of occasions where I have been to a civil ceremony, I have watched, with mounting enthusiasm, the way in which the registrar has made the marriage ceremony a really important occasion. I assume—and, indeed, I hope, since this Bill will become law—that the majority of registrars will give the same enthusiasm and pleasure to the single-sex couple as I have seen them do in those services. I am about to go to yet another great-nephew’s wedding, which will be a civil ceremony.

However, when a number of registrars took the job, the idea that marriage would be between single-sex couples was not even a blink on the horizon. I can understand perfectly well that those who come in in future will take a job in which they recognise that they will marry everybody, whether that is two males, two females or a male and a female. For those already in the post, for the reasons that the noble Baronesses, Lady Cumberlege and Lady Williams of Crosby, have both put forward, this is a small and special group. It would be particularly sad if, having given to the minority in this country the right to marry in the same way as the majority, we cannot recognise that there remains a minority who cannot take it. Are we to say that that minority, those who came into post before one ever thought there would be same-sex marriages, is not to be recognised at all?

As has already been said by the noble Baroness, Lady Cumberlege, what will these people do if they cannot marry but are ordered to do so? If this Bill will not permit them by the amendment to say no, will they have to resign? Will they get a job in this time of stringency and austerity in which we now live, when the job market is difficult? I ask the House to think about a small minority who would have had no idea that this would happen, and whose Christian beliefs would not permit them to marry the couples who will be able to marry by this Bill.

[Lord Lester of Herne Hill]

Will the noble Baroness explain why, when we brought in the race and gender discrimination and other controversial legislation, we never made transitional provision for those public officers to be able to discriminate, as they had been before, that we should now do so with this form of discrimination?

[Baroness Butler-Sloss]

It happened with abortion but, if I may say so, it was not a marriage. We all know how special marriage is; for goodness’ sake we would not all be here, voting in different ways, if we did not think that marriage mattered in a special way. It is for that reason, despite what the noble Lord, Lord Lester, says.

[Lord Anderson of Swansea]

Is the distinction not this: that there is no mainstream church, be it a Christian church or a Muslim group, in this country which believes in the principles of racist intolerance, whereas there are many mainstream people, Muslim and Christian, who do believe in traditional marriage? It is quite a simple distinction, which perhaps the noble Lord will consider.

[Lord Pannick]

My Lords, I—

[Baroness Butler-Sloss]

I had just about finished, but I had not actually sat down. I just want to say that I think this is a rather special, entirely transitional and narrow matter which I ask the House to treat with some degree of sympathy. It is rather different from the last vote that we had, which was on an important and fundamental point. There is nothing fundamental about this; it is a matter of helping a small minority.

[Lord Mackay of Clashfern]

My Lords, I put my name to this amendment too. I do not think that the fact that it is a public office is a distinction that is important. The important thing is that the law is changed after somebody has taken a job, and that law affects the conscientious view that that person has of the job. The nearest thing that came to my mind, in my own experience and connection with this, was when Sunday trading was introduced, again on a free vote. Those who were employed were given terms in relation to that. It seems to me that some such allowance is only fair, and fairness should apply in public offices as well as in private offices.