Marriage Guidance

The debate on same sex marriage has so far been dominated by its opponents.

More than half a million people have now signed the Coalition For Marriage's petition against the government's proposal to permit same-sex marriage.  For a campaign that didn't even exist a few months ago, it's an extraordinary achievement.  A rival petition supporting the equalisation of the marriage laws has attracted barely a tenth the number of signatures.

There have been signs in recent days that the campaign to prevent what had seemed a fait accompli is beginning to scent victory, at least in the battle for public opinion. The government remains committed to the reform, but in the wake of the coalition parties' poor showing in the local elections there has been a notable lack of enthusiasm for it, especially on the Tory benches.  Nadine Dorries spoke for more of her colleagues than usual the other day when she described same sex marriage the other day as a policy "pursued by the metro elite gay activists" that needs to be "put into the same bin" as Lords reform. "Gay marriage" has become a symbol of everything that the Conservative right hates about the coalition and about David Cameron's modernising agenda.  

There is, in fact, a persuasive logic to Cameron's conservative case for same-sex marriage.  With its history and moral weight, the word "marriage" has a magic that the newly invented status of civil partnership lacks.  To invite gay couples to participate in the institution is not only to offer them full acceptance (the "progressive" part).  It is also to ask them to embrace the traditional, and conservative, moral obligations of marriage.  At the same time, opening marriage to same-sex couples might give it new appeal to younger, liberal-minded heterosexuals currently suspicious of its historic baggage.

But the case has not been well made.  It doesn't help that the proposals themselves are illogical and badly thought-through, and would raise more anomalies than they solve.  By closing down options, for example refusing to countenance allowing heterosexual couples to enter civil partnerships, the March consultation document missed an opportunity for a genuine national debate on the nature of marriage and the state's role in registering it.  Declaring the policy already decided also generated a predictable backlash.  The impression of arrogance was not helped by Lynne Featherstone, the Lib Dem minister responsible, offering a "cast-iron guarantee" that the change would be introduced before the next election (a promise she repeated yesterday).  

Instead, opponents of changing the law have dominated the discussion.  Their greatest success has been in portraying the government's proposals as involving a fundamental redefinition of marriage.  Concentrating on the word rather than the substance presents the change as more radical than it actually is (from a practical point of view, the introduction of civil partnerships represented a much greater advance in the state's acceptance of same-sex relationships).  It also leads to some fairly reactionary arguments.  The Coalition For Marriage  states, for example, that marriage "reflects the complementary natures of men and women" -- a position not far removed from a demand that men go out to work while women stay at home looking after the kids.  The same suggestion was made in a letter from the Roman Catholic archbishops that was controversially circulated to Catholic schools.

Ironically, such an argument is itself an attempt to redefine marriage, or at least to return to an older definition.  Even understood as a relationship between one man and one woman, marriage has changed profoundly during the centuries, from being an institution based on the exchange of property and securing the legitimacy of children to one based on the mutual relationship of the spouses.  US Vice President Joe Biden encapsulated it well when he came out in support of same sex marriage at the weekend.   It was, he said, "a simple proposition -- who do you love?  And will you be loyal to the person you love? That's what all marriages at root are about."  This hasn't always been the case.

Rooting marriage in the difference between the sexes rather than their equality, as the Campaign for Marriage does, looks like an attempt to set the clock back.  This is why the issue of same sex marriage should not merely be of concern to gay people.   Opening marriage to homosexual couples isn't just a recognition that they are now a full part of society.  It's also a logical expression of the modern understanding of marriage as a partnership between equals.  

 

Same-sex statues on top of a wedding cake. Photograph: Getty Images
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What are the consequences of Brexit for the refugee crisis?

Politicians neglected the refugee crisis whilst campaigning – but they shouldn't now concede to the darker undertones of the debate.

In the chaotic aftermath of Brexit, the refugee crisis seems like a distant memory. Yet not even a year has passed since the body of a young Syrian boy washed up on a Turkish beach, shocking the world.

When campaigning for the EU referendum began, politicians neglected the crisis. Not because the situation had ameliorated, but because the issue had become strategically toxic. Nigel Farage's infamous poster aside, the Leave side preferred scare stories about economic migrants rather than refugees; the Remain side because the refugee crisis, more than anything else since its inception, highlighted the fragility of the ideals that underpin the European Union.

Many of the main issues aired in the course of the referendum debate were related to the refugee crisis, regardless of how little it impacted on them in reality; immigration, strain on public services, national identity. The refugee crisis became a proxy issue; implied, but not addressed, for fear of detrimental impact in the polls.

However, in his repugnant posters (it should be stressed, nothing to do with Leave campaign itself), Nigel Farage made explicit what he thought posed the greatest threat to the UK. Rightly, the posters have been condemned by both sides of the referendum debate, but the underlying suspicion of refugees it reflects has concerned many organisations.Their concern has only been exacerbated by the result of the referendum. The spike in hate crime compounds their fears.

Paul Dillane, head of UKLGIG, a charity that supports LGBTI asylum seekers to the UK, expressed unease at the reaction of his clients: “The asylum seekers I work with do not understand the decision that has been made – they feel vulnerable, they feel unwelcome. Yes the law hasn’t changed, and if they’re at risk of persecution, they will be protected. But they don’t feel like that now.”

Despite the troubling situation, the result of the referendum changes little when it comes to refugee law. “Refugee policy is shaped in London, not in Brussels”, said Stephen Hale, Chief Executive of Refugees Action. “The decision about how well we support refugees in terms of integration is a matter for the UK, not Brussels. The number of Syrian refugees we choose to resettle is a matter for the UK, not Brussels.”

Although the law may not have changed, from a diplomatic or political perspective, the same cannot be said. This does have the power to negatively impact legislation. Post-Brexit reaction in France surrounding the Touquet Treaty typifies this.

The Touquet Treaty, reached between the UK and France in 2003, permits each country to carry out passport checks on the other countries’ soil. It is what, according to French politicians in Calais, has accelerated the growth of the "Jungle", which currently accommodates close to 5,000 refugees.

Because the agreement was signed outside the auspices of the European Union, Brexit does not affect its legal legitimacy. However, for France, EU membership was crucial to the nature of the agreement. Speaking earlier this year, Harlem Desir, French Secretary of State for European Affairs, said the Touquet Treaty is “a bilaterial agreement. So, there will be no blackmail, nor threat, but it’s true that we cooperate more easily in both being members of the EU.”

Natacha Bouchart, mayor of Calais and a long-time critic of the treaty, has been vocal in her demands for legislative change since the result. Speaking to French broadcaster BGM TV, she said: “The British must take on the consequences of their choice. We are in a strong position to push, to press this request for a review and we are asking the President to bring his weight to the issue.” Some have adopted the slogan of the Leave campaign, telling them to now “take back control of your borders.”

Modification of the Touquet Treaty was branded part of ‘Project Fear’ by the Leave campaign. Because of this, change – if indeed it does happen – needs to be handled carefully by both the British and French governments.

The reaction of Natacha Bouchart is already a worrying sign for refugees. Firstly, it perpetuates the toxic narrative that casts refugees as an inconvenience. And secondly, any souring of relations between the UK and France over Brexit and the Touquet Treaty only increases the likelihood of refugees being used as political bargaining chips in the broader EU crisis over Schengen.

A divided government and disintegrating opposition do little to aid the situation. Furthermore, come October, how likely is a Brexit Tory cabinet – governing off the back of a manifesto predicated on reducing immigration – to extend the support networks offered to refugees? Even before the referendum, Theresa May, a supporter of the Remain campaign, said that Britain should withdraw from the European Convention on Human Rights, replacing it with the more questionable Bill of Rights.

Uncertainty of any kind is the most immediate danger to refugees. “Everyone is talking about it,” said Clare Mosesly, founder of Care4Calais. “But opinions on the impact are divided, which is creating yet more uncertainty.” Refugees, unsure whether Brexit will lead to increased fortification of the border, are prone to take ever more dangerous risks to reach the UK. Even economic uncertainty, seemingly distinct from issues such as the refugee crisis or immigration, has a negative impact. “The thing that worries me about a fragile economy”, said Paul Dillane, “is that when a country’s economy suffers, minorities suffer as well. Tolerance and inclusivity are undermined.”

The government must stress that the welcoming principles and legislation Britain had prior to Brexit remain in place. Andrej Mahecic, from the UNHCR, said “we will continue to rely on the UK’s strong support for humanitarian responses to refugee crises. Our work with the government on the UK’s asylum system and refugee resettlement schemes continues.”

The will from NGOs is there. The political will is less assured. In the aftermath of Brexit, the government must not concede to the darker side of the referendum debate.