Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Baroness Featherstone Excerpts

2nd reading (Hansard): House of Lords
Friday 18th January 2019 Lords Chamber

[Baroness Featherstone (LD)]

My Lords, I thank the noble Baroness, Lady Hodgson, and the honourable Tim Loughton MP for bringing this legislation forward. It is about time. I want to say simply to the right reverend Prelate who has just spoken that I find it unbelievable that there is or ever has been any hesitation about putting the mother’s name on the certificate. However, I am often shocked by the way the world works.

I will address the part of the Bill which covers civil partnerships. I always say that my nephew was killed by the state. He died aged 35 in the contaminated blood scandal. He had a 10 month-old baby and had been with his partner Olga for 14 years. The financial problems which flowed from that were insupportable.

Noble Lords may or may not be aware that as a Minister in the coalition Government, I was the originator and architect of the same-sex marriage law. My story began right at the end of the journey to equal marriage rights and I stood on the shoulders of giants. The credit for the same-sex marriage law goes to them and to lifelong campaigners, some of them in this House. I mention my noble friend Lady Barker and the noble Lords, Lord Cashman, Lord Alli and Lord Collins, along with many others. But I could never have done what I did if it had not been for civil partnerships. We would not have same-sex marriage if the Labour Government under Tony Blair had not taken that tremendous step forward for equality. But at the end of the same-sex marriage journey, as has been mentioned, an inequality was left; that is, you can get married or enter into a civil partnership if you are gay, but you can only get married if you are straight. I want to take this opportunity to put on the record the history or story of straight civil partnerships. I am not talking out of school because this is all in the public domain in my book, Equal Ever After. It had to be approved by the Cabinet because if you have been a Minister you are not allowed to publish a book without its approval.

I cannot say how delighted I am that the Conservative Government are supporting this move. However, I am not surprised, because my Secretary of State was Theresa May and she was always in favour of straight civil partnerships. When I first got it into my head that we should introduce same-sex marriage, even though it was not in the party manifestos or the coalition agreement, I asked my civil servant how I could do this. He said that I had to write the words to be approved by my Secretary of State. She would then use those words to write to the Cabinet. That is how new policy is brought before the Government. The words I wrote were as follows:

“During the consultation on civil partnerships in religious premises it has become clear that there is a genuine desire on the part of some to move forward to equal civil marriage and equal civil partnerships. The Government will work with those with a key interest in this to examine how we might move forward to legislation”.


Theresa May approved my words and they passed the Cabinet write-round to create this new policy. Two Cabinet Members objected but they were overruled by David Cameron. Noble Lords may notice that the original wording did not include religious marriage, which did come to pass, but did include equal civil partnerships, which did not come to pass. How did that change happen? David Cameron supported same-sex marriage because he believed in marriage. As he said to PinkNews on 10 April 2010:

“I told the Tory conference that commitment through marriage was equally valid whether between a man and a woman, a man and a man or a woman and a woman … I want to do everything I can to support commitment and I’m open to changing things further to guarantee equality”.


When I read that, I thought he would not object to what I was doing. He was open to it and supported it, but was not so keen when it came to civil partnerships. No. 10’s preference was to abolish civil partnerships altogether. The view from No. 10 was that marriage was the gold standard of relationships and that if gay couples gained the right to marry there was no longer any need for civil partnerships. There is a sort of—not very good—logic to that, unless like me and many others you believe it is not for the state to judge. Some people believe in marriage; some do not. It is the state’s role not to judge which is better but to facilitate both equally.

Although Theresa was in favour and it had passed Cabinet write-round, there was continued and continual pressure from No. 10 to drop civil partnerships. I confess that my methodology to repel this push was to stomp around the Home Office declaiming that this defining equality policy of same-sex marriage was not only right but would go a long way to detoxifying the previously toxic reputation of the Conservative Party on LGBT rights. Did it really want to wreck its whole reincarnation and detoxification by scrapping civil partnership, such a hard fought-for and hard-won step on the equality ladder?

Conservatives had begun moving in the right direction, mostly supporting civil partnerships, and David Cameron had changed the atmosphere—but whether it was the upset in the Conservative associations at same-sex marriage or he simply did not believe in civil partnerships, I do not know. This came to a head a day or two before the 2011 Liberal Democrat autumn conference, at which I was to have the honour of announcing the new policy and the consultation that would be launched. It had been a year and a half getting to this point and I was so excited about finally going public. No. 10 special advisers and Nick Clegg’s special advisers acting for me were at loggerheads. They rang me to say that No. 10’s position was basically that if I did not agree to drop straight civil partnerships, David Cameron would kill the whole thing dead and would not allow same-sex marriage to go ahead. I instructed our special advisers to fight back. But many hours and phone calls later, in the end No. 10’s position was final: drop straight civil partnerships or same-sex marriage is dead in the water.

With a heavy heart, I made the decision that same-sex marriage was the big social change, the big equality step forward, and vital to get through in that Parliament. I was also 100% sure that straight civil partnerships would inevitably follow, as we would be left with the inequality of gay couples having the choice between marriage and civil partnerships but straight couples only able to marry. I insisted that a question on this remained in the consultation, and it did. In the consultation responses—the biggest response to a government consultation in history with around 289,000 responses, I think, but I may stand corrected—people overwhelmingly supported straight civil partnerships. Tim Loughton tabled an amendment during the same-sex legislation but it was kicked into the long grass for a review, as it was then regarded as potentially derailing or delaying the same-sex legislation—pretty much the same as happened with humanist weddings—but here it is today, exactly as I predicted. Thank goodness. If it had not come forward, I would have felt guilty for the rest of my life, but happily we have that opportunity today, so I am delighted to support this Bill and equality in marriage and civil partnerships at last.