Marriage (Same Sex Couples) Bill

Lord Anderson of Swansea Excerpts

Monday 3rd June 2013 Lords Chamber

[Lord Anderson of Swansea]

My Lords, some tend to label anyone who opposes this Bill as part of a group of homophobic bigots. Once that is said, the argument has stopped. As a Labour Peer, I wholly dismiss that—I find it insulting. I note, for example, that some key elements of the homosexual lobby, including Stonewall, have come to support same-sex marriage only in the fairly recent past. For me, there is a clear distinction between anti-discrimination, which I support, and seeking an absolute equality, which I oppose. I recall that as a young barrister I was saddened to see before the courts a trail of men whose lives and careers had been ruined by the then law. I am also glad that the legal discrimination which existed has been removed by the Civil Partnership Act. If there are deficiencies, they can be met by amendments of the Act itself to further protect same-sex couples.

Today, proponents of the Bill appear to argue on the basis of equality, but equality is not an absolute good. I am not a Roman Catholic, but saw this same false reasoning employed against Roman Catholic adoption agencies. Reasonable compromises were cast aside by zealots in the name of equality. The juggernaut rolled on. The result was that children lost out, as those caring agencies were forced to close.

In this case, the good in question is the institution of marriage, which has never yet been changed. Of course there have been changes in the law of marriage, but nothing as fundamental as this change to the institution. Marriage as traditionally defined is the union between a man and a woman. A bedrock principle, it relates to the rights of children and their need to know their identity, and is a generational bridge between the past and the future. Its fundamental position in our law is well illustrated by the number of statutes that will have to be changed if the law is now passed. The Bill seeks to make equal that which is not equal. The relationship between a man and a woman is unique. Same-sex relationships are different. Perhaps we should seek to find another name for them, if same-sex couples seek dignity. Thus there is the problem with this Bill of dealing with first, adultery, and secondly, non-consummation. In the Bill, same-sex couples are not required to take account of these criteria, but are still deemed to be married.

Some argue, as we have just heard from the noble Lord, that love between any two people is a decisive consideration: “amor vincit omnia”. However, love is not everything. The law of marriage discriminates on grounds of age and affinity: you cannot marry a parent, sibling or child, or marry someone who is already married. Why exclude these categories in the new definition? Hence, in the Netherlands, a court has endorsed a three-way cohabiting contract. In Brazil a three-way union has been allowed. Today, the borders are clear. Where, then, are the new borders as one sets out on this path? There will be increased pressures for polygamy. In short, marriage should surely not be available for everyone, even if they love one another. The state cannot lightly modify the meaning of words that have stood the test of time, as with Orwellian Newspeak.

The Government announced their proposals in March last year. There was no manifesto commitment, Green Paper or White Paper, and very inadequate consultation on the “how” and not the “whether”. There is no evidence of substantial demand, although there would be some pent-up demand at first. There is no evidence of claims that the change would strengthen the family or the institution of marriage. There is no evidence that the Government, in their haste, have examined the effects of the change in other countries. There is no evidence, either, of any serious attempt to protect conscientious objectors, teachers, social workers, registrars, foster parents, or churches which use public halls for worship.

Why the hurry? If the Government were so attached to the principle of equality, they would have changed both institutions—marriage and civil partnership—from the outset, and would not have been forced into a messy last-minute deal to ensure the passage of the Bill. This is not the way to deal with a hallowed institution that has been fundamental to civilised societies from time immemorial. A French philosopher, who was a disciple of Rousseau, once observed that our Parliament can do anything save change a man into a woman. This Government appear to think otherwise—or at least that Parliament can change traditional gender relationships.

We know that Mr Cameron likes consulting the people in referendums. Indeed, not only has he promised an “in or out” referendum on EU membership in 2017, he has enacted already for a referendum whenever there is a transfer of power to Brussels. Surely this proposed change is far more fundamental to our society than any transfer of power to Brussels. Therefore, I challenge him to call a referendum. He and his friends will put their case for yes, while many of us—Labour, Conservative and Cross-Bench—will be on the other side. Let the people decide.