Monday, 29 March 2010

Equality: Let us not forget how far we have come - or how far we still have to go.

Labour MP, Chris Bryant, has become the first person to hold a civil partnership ceremony in the Palace of Westminster. This reminds us that for all the things Labour promised in 1997, gay rights is one area where they have really delivered. But how far have we came in those 13 years? Is it really “job done”?


Some of the key achievements have been:


• an equalisation of the age of consent;


• a repeal of Section 28/Clause 2A;


• civil partnerships;


• gay adoption;


• gays allowed to serve in the military;


• a ban on discrimination in the work place and in the provision of goods and services;


• the creation of the Equality and Human Rights Commission and


• the Human Rights Act and the more recent Equality Bill going through parliament.


On paper it’s easy to see why so many people say “gays have equality, they need to stop banging on about it”. But this simply isn’t true. The “civil partnership” of Chris Bryant MP is a case in point. The fact that it happened in the Palace of Westminster symbolises the great leaps in equality in the last few years. However, the fact that it took place in the members dining room and not in the Palace chapel where weddings normally take place show how far we have to come. Given that Mr Bryant is a former “Church of England curate and chaplain” it is likely he would have liked it to take place in a church but the Civil Partnership Act specifically excludes them taking place in any religious building – regardless of whether the religion would like to or not.


It is obvious that this was added to the Act to placate religions that are less tolerant of gays and lesbians but its effect is to actually discriminate against gays and lesbians who are religious. Whether Civil Partnerships are called marriages or not should not be the issue – it should be whether or not both forms of partnership both have equality of rights. At first glance it is ludicrous to create a whole new law and form of ceremony at a high cost to the taxpayer when only a few lines of the Marriage Act need be changed. However, this has been done specifically to allow for minor revisions in the law to placate those who were opposed to the whole project.


For example, the Civil Partnership (Scotland) Act is almost an identical document to the Marriage (Scotland) Act except for a few changes. One such change is, as said, that Civil Partnerships may not take place in places of religion another is that witnesses must be over 16 (as opposed to the Marriage Act wording “must profess to be over 16”). Yes, this is a legal technicality that may prove to be inconsequential but, if so, why do it? It suggests that if witnesses prove not to be over 16 the partnership may be void. Maybe this is a nice revision that the marriage law would benefit from but why not change the marriage law aswell?


If gays and lesbians were truly to have equality there wouldn’t be these silly differences in law, and Chris Bryant MP could have got married in a church. Nonetheless, when Members of the House of Lords proposed such an amendment (and added it to the Equality Bill by a majority of 74) both the Labour and Conservative “Equality” spokespeople in the Lords opposed the move. Why?

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