Marriage (Same Sex Couples) Bill
Debate between Charlotte Leslie and Tom Harris
Mr Harris
I accept what my hon. Friend says, but let me ask her a question. Had we been able to legislate to allow same-sex marriage 10 years ago and had such a law been put on the statute book, would we be having this debate today? Would we be spending more than a few seconds debating whether to introduce civil partnerships for straight and gay couples? Of course the answer is no.
Like every other Member, I have received letters and e-mails warning me that legislating for same-sex marriage will, in some undefined way, undermine the institution of marriage. I take a very different view. I believe that the real threat to marriage will come from the continuation of civil partnerships and their extension to heterosexual couples. As things stand today, the legal security and recognition offered by marriage can be enjoyed only by straight couples. The legal security and recognition offered by civil partnerships can be enjoyed only by same-sex couples, although I hope that that is about to change. Needlessly telling all couples that they can now opt for a second-best arrangement that nevertheless offers all the same legal privileges and protections as marriage would surely undermine marriage far more than extending the qualification for marriage to same-sex couples. From the day the Bill becomes law, the choice offered to all couples will be the same as the choice that has up to now been offered to all straight couples: either get married or don’t—it is your choice.
Because we have indulged in this debate, we have failed to address anther issue. Many individuals—mostly, but not always, women with dependent children—need to be offered more security when they are living with a partner and perhaps depending on him financially. But if that partner is unwilling to commit to marriage, he will probably be equally reluctant to enter an alternative arrangement that offers the same level of legal and financial responsibilities. What those partners and families need is some kind of passive legal recognition, perhaps similar to what used to be known as common law marriage, a state that used to prevail in Scotland but which, since 2006, no longer does so. Moves to make civil partnerships available to all might, on the face of it, look like a progressive move, but they will do nothing to help those vulnerable women, and their children, who are in relationships with partners who simply refuse to bind themselves with legal red tape.
As for those who have already entered into a civil partnership and who do not wish to enter into the state of marriage as provided by this Bill, I have to say that it should not be beyond the wit of the Government or this House to frame legislation that would recognise each existing civil partnership until it was dissolved either legally or by the death of one partner, while preventing any more civil partnerships from being entered into. The hon. Member for East Worthing and Shoreham says that he wants full equality. I concede that making civil partnerships available to straight couples is one way of achieving that. Another way would be to make civil partnerships available to no one.
Charlotte Leslie (Bristol North West) (Con)
I want to put on record that I support new clause 10, because the Bill is fundamentally about equality and, to some extent, equality must mean symmetry. If we are going to make the dramatic and historic move to exercise equality across marriage, we must have symmetry. It is extraordinary that, despite the alarms that have been raised and the warnings that have been given about the failure to extend civil partnerships symmetrically to different-sex couples, three amendments have been tabled on this subject only at the eleventh hour. This does not seem to have been thought through before now. That is a disappointing state of affairs for a Bill that so loudly claims to have equality at the centre of everything it does.
If we are to be logically and intellectually consistent, I do not see how we can pass a Bill that extends equality in marriage without extending civil partnerships to different-sex couples. It is not as if such symmetry was a surprise or not much covered in the debate. When would the next opportunity be? We have already seen the amount of controversy created by rearranging marriage, which is so connected with the fundamental roots of our establishment and the relationship between the state and the Church. It is unlikely, I think, that many Governments will rush to introduce such legislation again.