Marriage (Same Sex Couples) Bill

Debate between Greg Mulholland and Lord Beith

Tuesday 21st May 2013 Commons Chamber

[Greg Mulholland]

Technically, in terms of the law, absolutely. As I said yesterday, the new clause cannot be seen in isolation; it has to be seen with amendment 10, which sought the repeal of the Marriage Act 1949. It must also be linked with the amendment that I tabled to remove clauses in the Matrimonial Causes Act 1973 and to repeal the Civil Partnership Act 2004. The point is that there would be one single definition of a legal recognition for relationships.

I am not necessarily dictating whether this should be called a union, a marriage, or, as Peter Tatchell suggests, a civil commitment pact. I am not particularly interested in the language. Some people feel very strongly that we should call it marriage; others, including my hon. Friend the Member for Cambridge (Dr Huppert), do not like the word “marriage”. That is a debate to be had. The point is that what we need to do, and what the Bill should have sought to do, is give all citizens of this country the right to one single recognition by the state of their union. Of course, that would apply to everyone in an existing marriage or an existing civil partnership. Everyone would have the one single recognition through the state, and the legislation would have been drafted to achieve that. That answers the hon. Gentleman’s question very simply, but we are now moving into technical legal questions. In reality, this change would require a separate Bill, but it is currently proposed as a new clause.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Would my hon. Friend’s proposals mean that Methodists, Catholics and others who fought for many years for the right to conduct a marriage ceremony that was valid in law would lose that right and have to go along to the town hall to get validation for the marriage that they had conducted?

[Greg Mulholland]

I believe that Methodists and Catholics should have exactly the same rights as humanists, Baptists, Jews and Quakers. That is my whole point. I do not accept that some religions should have the right to access a civil marriage ceremony but not others; as a liberal, I find that indefensible. My right hon. Friend has to accept, as do I and all right hon. and hon. Members, that marriage is being redefined; the state has chosen, through its Parliament, to do that. Therefore, now is the time to deal with the complex, multi-faceted and, indeed, confusing and discriminatory current marriage laws and to carry out the reform properly, which is not happening.

I suspect that there is also a practical dimension to my right hon. Friend’s question, and I am happy to address that. In order to have the necessary separation between civil and religious ceremonies, we would need to ensure that no religious minister was able to convey the rights of legal marriage. Nevertheless, it is perfectly possible, either through the presence of a registrar at a belief-based or religious marriage ceremony, or by another process, to have that conveyed at the same time. If my right hon. Friend is arguing against that separation, he is defending the situation that the Government are proposing, which will mean having to legislate on what certain Churches may or may not do and needing a complex system of law to ensure that other Churches, including the one he belongs to, are not then forced to do things they do not want to do. If we have a proper separation, none of those things is necessary, and surely that is the sensible way to proceed.

I have had support from all sorts of different sources, including ministers from Churches of various denominations and other religions who are saying that this is indeed a sensible way to proceed. On the Gay Leeds website there is an article by Colin Ross in which he says:

“This seems a very sensible approach to me, I am a gay man and not religious. If I wanted to spend my life in a loving relationship recognised by the state I want to be able to do that—without any religion having their opinion on it—but what is more I want to have the same rights as everyone else. The current Marriage (same sex couples) Bill does not offer equality, the legislation is flawed it still doesn’t provide equality especially in respect of pension rights when one partner dies and issues affecting the Trans community, likewise the Civil Partnership legislation was not about equality—as it neither gave equality to marriage and also did not allow opposite-sex partners to have Civil Partnership as well.”

Similarly, in the release that he put out today under the headline, “Gay marriage bill is not full equality”, Peter Tatchell says:

“Instead of bringing same-sex couples fully within the ambit of existing marriage law, the bill leaves some aspects of marriage law different for gay and straight married couples. Although these are relatively minor, they violate the fundamental principle of marriage equality for all.”

He goes on to say:

“While this may be a progressive reform of marriage legislation, it makes the law unequal. If we want marriage equality, that’s what the bill should give.”

We should also have equality of religions and belief systems, and the Bill does not achieve that either.