Marriage (Same Sex Couples) Bill Debate

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Tuesday 5th February 2013

(11 years, 4 months ago)

Commons Chamber
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Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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I welcome the speech by the Minister for Women and Equalities and commend her on the manner in which she made it, while often under pressure. I also commend the considerable thoughtfulness and integrity with which she put her points today. I strongly support the approach she has taken, because today Parliament has the chance to support loving couples who want to get married. It has the chance to make some of the same-sex couples I have spoken to in the past few weeks very happy, as they may finally set a date for their wedding. I hope we will support the Bill today to give those couples the chance to wed, to be married and to have their relationship celebrated and valued by the state in the same way as everyone else’s.

Philip Davies Portrait Philip Davies (Shipley) (Con)
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During the passage of the Civil Partnership Bill in 2004, my hon. Friend the Member for Gainsborough (Mr Leigh) pointed out to the hon. Member for Rhondda (Chris Bryant), who is sitting next to the right hon. Lady, that that Bill would inevitably lead on to gay marriage. The hon. Gentleman replied:

“The hon. Gentleman is completely mistaken… I do not want same-sex relationships to ape marriage in any sense…because they are different. Although the two share similar elements, they do not have to be identical, so the legal provisions should be distinct.”—[Official Report, 12 October 2004; Vol. 425, c. 228.]

What has changed since then?

Yvette Cooper Portrait Yvette Cooper
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My hon. Friend the Member for Rhondda has since celebrated his own civil partnership as a result of that Bill. I am sure that he would have happily invited the hon. Member for Shipley (Philip Davies), had he had the chance to do so.

Let me deal with how civil partnerships are different. Civil partnerships have been a hugely important step forward and Labour Members are proud that our Government introduced them some years ago, but it is right that we now take the additional step of introducing equal marriage across the country. Of course people have strong views on marriage—on their own marriage and on other people’s—and I understand that some in this House are strongly opposed to the Bill. I respect their views although I disagree with them. I hope that is the spirit in which this debate will take place today.

Christopher Chope Portrait Mr Christopher Chope (Christchurch) (Con)
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The right hon. Lady talks about equality, so why are Labour Members not arguing in favour of heterosexual couples being able to access civil partnerships?

Yvette Cooper Portrait Yvette Cooper
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That is a separate issue, on which there was no consultation. I am sure that there will be a debate on that in due course later in our consideration of the Bill, and I know that people have different views on it. I believe that the case for equal marriage is a very powerful one.

Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
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Is not the essential point that what was once the love that dared not speak its name will now have not only recognition in law, but equality before the law? Is that not something we should be proud of as a House?

Yvette Cooper Portrait Yvette Cooper
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My hon. Friend is completely right to say that this Parliament should have pride in giving people equal rights to be respected and to have their relationships celebrated in the same way.

Jack Dromey Portrait Jack Dromey (Birmingham, Erdington) (Lab)
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Does my right hon. Friend agree that the institution of marriage can only be strengthened if in future all citizens enjoy equality before the law and the ability to marry the person they love, regardless of their gender?

Yvette Cooper Portrait Yvette Cooper
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My hon. Friend is right. Couples who love each other should be able to get married, regardless of their gender and sexuality. We should enjoy that and we should celebrate that. We all love a good wedding: we pause when we walk by a church or a registry office and we smile at the couple coming out in a cloud of confetti, because we think it is a great thing that a couple want to get married and want to celebrate that.

Nadine Dorries Portrait Nadine Dorries (Mid Bedfordshire) (Con)
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Does the right hon. Lady agree that, in this wonderful, tolerant and free society we live in, real equality exists when we can celebrate our differences?

Yvette Cooper Portrait Yvette Cooper
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We should certainly celebrate the chance for people to get married. We should celebrate the fact that different couples want to get married—that is exactly what we should support. This is not just about the wedding; we love a wedding, but we also all love the idea of a long, stable marriage. We love the idea of a golden or diamond wedding anniversary, where the couple are still caring for each other, even though they are bickering over the biscuits. We also all clearly like a good party, too.

Lord Jackson of Peterborough Portrait Mr Stewart Jackson
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The right hon. Lady is asking us to accept her party’s bona fides in respecting religious freedom. Why did she fail to include views of traditional marriage as a protected characteristic in the Equality Act 2010, and fail to support my hon. Friend the Member for Gainsborough (Mr Leigh) on the same issue last week?

Yvette Cooper Portrait Yvette Cooper
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I do not think it is right for individual views within individual faiths to all be protected characteristics under the Equality Act. I do not think that is the appropriate way to go.

We all love the idea of a wedding, we all support the idea of a strong marriage and, clearly, we all like a good party. I notice that the Department’s impact assessment suggests that passing the Bill could lead to an extra £14 million being spent on celebrations, which is a lot of confetti and rubber chicken. I do not think that it will be quite enough to boost the economy and deliver plan B, but I guess the Chancellor needs all the help he can get.

Call us hopeless romantics or call it the triumph of hope over experience, but most of us think that when people love each other and want to make that long-term commitment, that is a wonderful thing. Why would we prevent a loving couple from getting married just because they are gay?

Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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Does the right hon. Lady not agree that she is confusing marriage with weddings? They are different things.

Yvette Cooper Portrait Yvette Cooper
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I am sorry that the hon. Gentleman is so gloomy about the fun of a wedding, which most of us think is an enjoyable way of starting off a marriage. I hope that he celebrates golden wedding anniversaries, diamond wedding anniversaries and long-term marriage.

Toby Perkins Portrait Toby Perkins
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Does my right hon. Friend recognise that many of the people who argued strongly and passionately against civil partnerships just a few years ago have no argument with them now and recognise that they have been a success? Perhaps in a few years’ time, the argument will have moved on and we will all be able to recognise that equality in our country is a good thing.

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Yvette Cooper Portrait Yvette Cooper
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My hon. Friend is right. Members of this House who opposed civil partnerships now strongly support them. Members of the House of Lords, including bishops, voted against civil partnerships when they were introduced, yet many in the Church now support blessings for civil partnerships. Attitudes have changed and it is right that they have. We should support that and support them as they change further.

Yvette Cooper Portrait Yvette Cooper
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I shall give way to the hon. Gentleman, but then I want to make a little progress.

Ian Paisley Portrait Ian Paisley
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I am grateful to the right hon. Lady for giving way, but the facts paint a very different picture. Since same-sex marriages were introduced in Portugal, Spain and the Netherlands, the number of mixed-sex marriages has decreased considerably—indeed, by tens and tens of thousands—[Interruption.] The facts are clear. When they were introduced in Spain, 208,000 people were married in mixed-sex marriages, whereas last year 161,000 people were married in mixed-sex marriages, so the numbers are declining, not increasing. The introduction of this legislation could reduce the number of parties in which the right hon. Lady appears to be interested.

Yvette Cooper Portrait Yvette Cooper
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If the hon. Gentleman looks at the long-term trends in marriage across a series of different countries, including those that have same-sex marriage and those that do not, he will struggle to find a causal connection suggesting that the fact that some gay and lesbian couples can now get married means that heterosexual couples are all running from the church door or the registry office.

It is worth hearing why many gay and lesbian couples say they want to get married. One gay man told me:

“My parents have a really strong marriage—I’ve always seen how meaningful and important it is. We want the same thing—it’s hard to explain but its about the value of our relationship. I want my nieces and nephews to feel that Uncle Adam and Uncle James are getting married, just like their Mum and Dad.”

Another said,

“we want to have the same celebration and status as our parents and grandparents—it’s about being normal. I want to have children. But I believe children are brought up better in a married relationship.”

Someone else said,

“I asked the question, ‘Simon will you marry me’ he said yes. I said ‘Marry me’, not ‘would you like a civil partnership’”.

Civil partnerships have been a fantastic step forward, providing for the first time proper legal recognition for same-sex relationships, and they continue to be a great source of great joy and of security. It was right of Labour to introduce them in the face of deep controversy, but it is time to take the next step for equality and to allow gay and lesbian couples the chance to marry if they choose to.

Another person reminded me of the practical differences that some people face when they are in a civil partnership. They have to declare their sexuality every time they fill in a form for something such as a mortgage or insurance, as there is a different box for someone in a civil partnership than for someone who is married. Why should they have to? Another person said:

“Language does matter. Marriage is universally understood as a meaningful commitment. People might say that in time civil partnerships will mean exactly the same. We say: ‘why wait?’”

Why should they wait—they want to celebrate their relationship now—when they could get married?

Lucy Powell Portrait Lucy Powell (Manchester Central) (Lab/Co-op)
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I am delighted to support the debate and I will be voting for the Bill, partly because I have been overwhelmed by the number of young people in my constituency who got in touch with me to ask me to do so. Does my right hon. Friend agree that generational issues make up an element of the debate? Most of my constituents who support the Bill have been younger, whereas those who have been against it have been, let us say, in the later stage of life.

Yvette Cooper Portrait Yvette Cooper
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My hon. Friend is right. One poll showed that two thirds of people overall supported same-sex marriage, whereas 80% of those under 50 supported equal marriage. That shows the strong positive feeling on this subject.

Craig Whittaker Portrait Craig Whittaker (Calder Valley) (Con)
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There has been a lot of talk about equality and fairness from Members on both sides of the House. Would the right hon. Lady like to hazard a guess as to why the word “equal” has been taken out of the title of the Bill? Perhaps it is because it is not quite as equal as the Government first expected.

Yvette Cooper Portrait Yvette Cooper
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The hon. Gentleman obviously has some detail in mind. The fundamental principle behind the Bill is to support equal marriage, as it allows same-sex marriages to go ahead. It is right that the law should do that. I am sure that there will be debates in Committee about the precise detail.

David Lammy Portrait Mr David Lammy (Tottenham) (Lab)
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Does my right hon. Friend, like me, hope that the House will approach this matter with a sense of atonement? As she will recognise, in the 1960s the men and women who attended those first Pride marches in Trafalgar square following Stonewall were beaten by the police while this House looked in the other direction. Will she pay tribute to the leaders of London councils— people such as my right hon. Friends the Members for Barking (Margaret Hodge) and for Dulwich and West Norwood (Dame Tessa Jowell), as well as former Members for Brent and for Tottenham—who stood in the face of clause 28 because they chose to make a book called “Jenny Lives with Eric and Martin” available in their libraries?

Yvette Cooper Portrait Yvette Cooper
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My right hon. Friend is right that there has been immense discrimination over many years, including recently. People who are gay, lesbian or bisexual have faced considerable prejudice, including violence. This House has a duty to stand up against violence and discrimination and to stand up for the interests of equality.

None Portrait Several hon. Members
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Yvette Cooper Portrait Yvette Cooper
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I want to make some progress, as I am conscious that many hon. Members want to speak and that the time restrictions are considerable. Once I have done so, I will allow the Government Members who are standing up to intervene. I know that somebody behind me wanted to intervene, too.

Parliament should not stop people getting married just because they have fallen in love with someone of the same sex, and we should not say that same-sex relationships are intrinsically worth less. I know that many Members have raised objections: they fear that their Church or faith will be forced to hold same-sex marriages when they do not believe in it; they believe that, by definition, marriage is between a man and a woman, as it has been through the centuries; they believe that at the heart of marriage is the biological procreation of children; or they fear that widening marriage will undermine other relationships, stability and society. I disagree with each of those four objections, but I know they are held strongly by people whose views I respect, so I will address each of them in turn.

The first is the fear that Churches will be expected to support same-sex marriage in future. It is clear that they will not have to. I thought that the Minister for Women and Equalities powerfully explained the safeguards in the Bill. We have a long tradition in Britain of respecting religious freedom, which is built into our law and traditions.

Yvette Cooper Portrait Yvette Cooper
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I will give way to the hon. Gentleman later, as I promised to do so to other Members first.

The number of clauses in the Bill that deal directly with religion is unusual and is reflected in the decision of all parties to hold free votes. Freedom of religion is rightly protected in the Bill, as the Minister set out. No Church or religious organisation can be required to conduct same-sex marriage, nor can an individual minister, and if a religious organisation or an individual minister refuses to hold same-sex marriages, that will not count as discrimination under the Equality Act 2010. The right hon. Lady set out in some detail her double, tripe, quadruple, even quintuple locks, and she has a padlock, Yale lock, bolt, chain and even burglar alarm as well. I hope, however, that she agrees that Churches should be able to change their mind to support same sex marriage in future if they want to, without unnecessary hurdles and barriers. The Church of England and the Church in Wales have additional hurdles built into the Bill which we need to scrutinise in Committee.

David Burrowes Portrait Mr Burrowes
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I should like to draw out the central issue, which is the understanding of marriage. The right hon. Lady will accept that the institution of marriage is not simply beholden to and owned by a particular view, whether it is the Church or secular, or whether people are gay, married, and so on. It is a social institution valued by all. Does she agree, for example, with the gay writer and blogger, Richard Waghorn, who says:

“The understanding of marriage as an institution that exists and is supported for the sake of strong families”

changes under the Bill

“to an understanding of marriage as merely the end-point of romance”?

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Yvette Cooper Portrait Yvette Cooper
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I understand the point that the hon. Gentleman is making. I will deal specifically with whether extending marriage in this way will have an impact on wider family life and the stability of society—it is a point with which I disagree—but I pay tribute to the important work that he has done to tackle homophobic bullying.

Tim Loughton Portrait Tim Loughton (East Worthing and Shoreham) (Con)
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In 2004, I voted enthusiastically for the Civil Partnership Bill, whereas the right hon. Lady did not. I am sure that she had good reasons. That measure gave full equality in the eyes of the law for people in same-sex relationships. Were either of us homophobic for not going for full marriage at the time? What exactly has happened in the past nine years? Is not the problem that we need to address not a lack of equality in the law, but a lack of equality, in some people’s eyes, in society? Just changing the name of a ceremony will not address that.

Yvette Cooper Portrait Yvette Cooper
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I have addressed that point before. I have always strongly supported civil partnerships: I think that they were the right thing for the Labour Government to do at the time. However, I also think that attitudes have changed and moved on—it is good that they have done so—and it is the right time to introduce same-sex marriage.

None Portrait Several hon. Members
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Yvette Cooper Portrait Yvette Cooper
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I need to make progress, as other hon. Members wish to make a contribution. However, I shall give way to my hon. Friend the Member for Coventry South (Mr Cunningham).

Jim Cunningham Portrait Mr Jim Cunningham (Coventry South) (Lab)
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Something that I have detected in correspondence is a fear that, contrary to the assurances that we have been given, the Bill will, at a later date, be revisited and unpicked. What does my right hon. Friend think about that?

Yvette Cooper Portrait Yvette Cooper
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I think that freedom of religion—an issue about which many hon. Members have expressed concern—is built very strongly not just into the Bill, but into our traditions and our long-term political history. It is something that we have always valued and I suspect that Parliament will always want to defend it. There are further safeguards in article 9 of the European convention. I agree with the Minister for Women and Equalities that it is inconceivable that the European Court would tell a Church or faith group to hold same-sex weddings. Despite the fact that many countries across Europe, including Spain, Portugal and Belgium, already have same-sex marriages, there have been no successful challenges in the European courts, and the Minister is right that the European Court allows a wide margin of appreciation.

We will want to discuss in Committee the issues affecting, for example, the Church in Wales. If it decided to support gay marriage in future, that could be subject to a veto by the Lord Chancellor and would require a separate vote in both Houses of Parliament. I hope that that can be examined in Committee.

Religious freedom goes both ways. Churches that object should not be required to sign up to same-sex marriage, but nor they should be able to block everyone else doing so. Other people do want to sign up. Polling has found that a majority of people support same-sex marriage, and Quakers, Unitarians and Reform Jews all want to be able to celebrate same-sex marriages. The Government originally ruled that out, but we argued that religious marriages should be included if organisations want that. I welcome the Government’s change of heart. Let us be clear: no one group, organisation, faith or institution owns marriage. Religious organisations should not be required to hold same-sex weddings, but neither, in the spirit of freedom of religion, should they prevent other religious organisations or the state from doing so.

Other objections have been raised. Some people argue that marriage by definition has always—for hundreds and perhaps thousands of years—been between a man and a woman and should remain so. For some people, that is their faith, and under the Bill their faith can be respected, but that is no reason not to change the law. It is hardly surprising that for thousands of years same-sex couples were not allowed to marry—they were not even allowed to exist. Same sex was illegal, never mind same-sex marriage. Legal sex by definition was between a man and a woman—that, too, was the case for thousands of years—but no one says that we should turn the clock back.

We cannot hide discrimination simply by calling it a definition. Marriage has changed many times over the centuries—and thank goodness for that. For hundreds of years, women were treated as property in marriage, handed from their fathers to their husbands and denied rights of their own. Until the 1990s, women’s bodies were effectively treated as their husbands’ property. If a husband raped his wife, it was not even treated as a crime. Civil marriage was introduced over 170 years ago and was pretty radical at the time, but now, every year, 160,000 of us get married in a civil ceremony. Marriage has changed before, and it should change again.

Some people oppose same-sex marriage because they believe that marriage is by definition about the procreation of children. However, that is not true of civil marriage, and that has been the case for over a century. Many marriages are childless, and we do not prevent people who are too old or too sick to have children from getting married. We do not do fertility tests at the altar. Yes, in vast numbers of families, marriage is an important starting point for a loving family bringing up children, but gay couples bring up children too. As people live longer, the family commitments involved in marriage are much wider than bringing up children.

Most MPs will know the sadness but also the inspiration they have drawn from visiting a long-married couple where, for example, the wife is struggling to cope, struggling to remember the world around her and struggling to recognise even the husband with whom she has shared decades of her life, yet he carries on: cooking for her, washing her, getting her up, putting her to bed, talking to her even as she becomes a stranger in front of him. That is marriage. But I have also visited a gay man, who died some years ago after a long illness during which he was cared for every day at home, in hospital and eventually in a hospice, by his long-term gay partner. I do not see why that cannot be marriage too. The idea that the biology of procreation should deny same-sex couples the respect that comes with marriage is to ignore the full richness—the happiness but also the tragedies—of modern family life. For better, for worse, for richer, for poorer, in sickness and in health: that is marriage.

Finally, with those who argue that extending marriage to include same-sex couples will somehow weaken or undermine marriage and stability for everyone else, I profoundly disagree. Marriage has changed many times before and society has not collapsed. Other countries are doing this and their Churches and societies have not fallen apart. Spain—Catholic Spain—has had same-sex marriage since 2004. Denmark, Belgium, Canada, Norway, Portugal, Argentina and South Africa all celebrate same-sex marriage. Only last week France passed the first vote on the way to same-sex marriage. The President of the United States is in favour of equal marriage too.

If the same-sex couples who have told me of their love for each other are able to get married, that will not weaken marriage; it will strengthen it. It certainly will not make it any less likely that the heterosexual couple with kids who live next door to them will stay together. If marriage is to stay relevant, to stay important and to remain a crucial part of our family and social relationships, it also has to remain in tune with the values of every generation, and that means that it should keep up with rightly changing attitudes towards homosexuality. The truth is that gay and lesbian couples have been locked out of too much for too long.

Lord Campbell of Pittenweem Portrait Sir Menzies Campbell (North East Fife) (LD)
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Does the right hon. Lady accept that there is a kind of inevitability about what many of us are hoping will be decided here this evening? We discriminated against women, we discriminated against Catholics, we discriminated against people from ethnic minorities, but very gradually and not always completely but perceptibly, this House has passed legislation to remove such discrimination. Is not this evening yet another example and another opportunity to do so?

Yvette Cooper Portrait Yvette Cooper
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The right hon. and learned Gentleman is right that this is the next step on a journey, and it is the right one. We should not resist the values of the majority of people across the country who now support same-sex marriage.

Yvette Cooper Portrait Yvette Cooper
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We have discriminated for too long. Until the 1960s people were locked up or punished for loving someone of the same sex. Gay men were told by the Home Secretary even in the 1950s that they were a “plague” on this country. Lesbian women were forced to hide their relationships, and teenagers were bullied at school, with no protection. Until the early 1990s teachers were unable to tell the child of a same-sex couple that their family was okay, for fear that that would breach section 28. So much has changed, and in a short time, too.

David Winnick Portrait Mr Winnick
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Will my right hon. Friend give way?

Yvette Cooper Portrait Yvette Cooper
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Labour in government equalised the age of consent, ended the ban on LGBT people serving in our armed forces and made homophobia a hate crime—measures that were controversial at the time, yet now have widespread support. That is why I am pleased that the vast majority of Labour MPs have said that they will support the Bill today. We have come a long way, and with each step forward the sky has not fallen in, family life has not fallen apart, and the predictions that passionate opponents made at the time have not come true. Those opponents have for the most part changed their minds and moved on. I hope the same will be true again.

David Winnick Portrait Mr Winnick
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On that point, will my right hon. Friend give way?

Yvette Cooper Portrait Yvette Cooper
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I give way, one final time, to my hon. Friend.

David Winnick Portrait Mr Winnick
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Would it not be appropriate on this day, when we are debating this subject, to bear in mind, among all those who were persecuted, Alan Turing, one of the most distinguished scientists of all, who committed suicide arising from the harassment that he suffered as a homosexual? He should be remembered, along with so many other people who were persecuted and disgraced simply because of their sexuality.

Yvette Cooper Portrait Yvette Cooper
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My hon. Friend is right. As a society we should feel deeply ashamed of what happened to Alan Turing, who was a hero of this country.

David T C Davies Portrait David T. C. Davies
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Will the right hon. Lady give way?

Yvette Cooper Portrait Yvette Cooper
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I hope—

David T C Davies Portrait David T. C. Davies
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On a point of order, Mr Speaker.

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John Bercow Portrait Mr Speaker
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I note the point. It is not a point of order but the hon. Gentleman has put it on the record.

Yvette Cooper Portrait Yvette Cooper
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May I say to the hon. Member for Monmouth (David T. C. Davies) that I have taken interventions from many hon. Members on both sides? Given the number of people on the Government Benches who are desperate to speak in the debate, I am keen to allow them the opportunity to do so, even though they have strong disagreements with each other.

Often the opponents of previous measures have changed their minds and moved on. I hope the same will be true again. I hope that opponents today will look back in 10 years and be unable to remember what the fuss was about. Today, let us vote for people to be able to marry, for the sake of those couples who really want to wed; for the sake of the Quakers, the Unitarians and other religious organisations who want to celebrate same-sex marriage as part of our respect for freedom of faith; for the sake of equality, removing unfair discrimination and challenging prejudice; and for the sake of marriage, to keep it inclusive and in touch for the next generation. In marriage let us celebrate, not discriminate. Let us be on the right side of history. Let us vote for the Bill today.