Why is same sex marriage so controversial?

Its opponents may well have a darker motivation than they admit.

Ever since the debate about same sex marriage was launched last year I've been wondering what all the fuss is about.

Obviously, opening what has previously been an exclusively heterosexual legal status to couples of the same gender was going to cause some controversy. There was opposition from traditionalists to the creation of civil partnerships in 2004, though you wouldn't know it to listen to most of them today. Allowing gay couples to adopt children was once controversial. So was equalising the age of consent at 16. So was reducing the age of consent for same sex partners from 21, which happened as rececently as 1994. These measures always attract opposition, often from the churches. 

But the opposition to same sex marriage has been of a different order. Some of it has been quite bizarre.

600,000 people have signed an online petition opposing any "redefinition" of marriage to include gay couples. MPs' postbags have bulged, swelled by a write-in campaign preached from the pulpits of many churches. Senior Tory figures have warned of mass defections of party members. Religious leaders have spoken in apocalyptic terms of what will befall society should the proposed change go ahead. Scotland's Cardinal Keith O'Brien suggested that the move was akin to legalising slavery. One openly gay Conservative, Conor Burns, has spoken of his shock at the tone of some of the correspondence: "I don’t know what kind of God some of those people who have contacted me from religious groups believe in," he said, "but he’s certainly not compassionate or loving."

Around 50 MPs voted against civil partnerships in 2004. It was reported at the weekend that up to 180 Conservative MPs may rebel (on a free vote) in today's debate. We shall see. But at a time when poverty is rising, the economy - to put it politely - becalmed and the NHS, the education system and the police in organisational chaos, you have to wonder precisely why for so many people same sex marriage has become such a big deal.

It's worth remembering that for all the heated debate the proposed change is almost entirely cosmetic. Civil partnership already gives a couple all the legal rights of marriage, as opponents of the Same Sex Couples Bill never tire of pointing out. All they lack is the ability to say that they are legally married. How can a single word be so important?

The nearest thing to a coherent argument against same sex marriage goes something like this. The majority of human cultures have always seen in the union of a man and a woman the basic building-block of society. Marriage isn't merely an arrangement between the couple, but anchors the wider social realm - and, like it or not, homo sapiens comes in two distinct sexes (with some fuzziness around the edges, perhaps, but let's not complicate things too much). Above all, marriage is about the family, about the raising of the next generation. Therefore it is rightly regarded as in some sense sacred. Its heterosexual nature is part of its intrinsic nature: some go on to argue that "same sex marriage" is an oxymoron, or at best a legal fiction.

But if marriage is mainly about children, what about marriages which are infertile, or where the couple is past childbearing age, or where one of the partners is terminally ill or incapacitated? In none of these cases do proponents of traditional marriage object. These are said to be exceptions to the general rule. What they fail to explain is why a marriage where the partners are of the same sex might not equally be considered an exceptional case. At present, more marriages take place between heterosexual couples who intend not to have children than are ever likely to take place between gay couples.

If campaigners for "traditional marriage" care so much about formalised, monogamous heterosexual relationships, should they not be concentrating their efforts on preventing marriage breakdown, perhaps by making divorce more difficult, than on frustrating the desire of a relatively small number of same-sex couples to tie the knot? To be fair, some do campaign on more general issues around the state of marriage - but rarely, it seems to me, with anything like the intensity they bring to bear on their obsession with same-sex unions. 

I've come to the reluctant conclusion that same sex marriage inspires such passionate opposition mainly because it represents the last symbolic move towards full equality of esteem for gay couples. Legal equality they already have, or close enough: civil partnerships represent the substance of marriage without the name. But the name matters, because without it those who have never quite been reconciled to gay rights can convince themselves that heterosexual marriage is still a qualitatively different from and superior to its homosexual equivalent. While the law reflects this distinction, all is not lost: opposite sex marriage is still special, therefore heterosexuality is still special, still normative rather than merely the majority preference. 

Civil partnerships, however unwelcome they seemed at the time (and the Catholic Church still opposes them) are quite useful in this regard. On the one hand, they can be held up as evidence that same sex marriage is unnecessary, a symbolic distraction, because gay couples now have legal rights. (And also as evidence that the speaker is not homophobic, because "I support civil partnerships".) But on the other, the distinction between the two forms of public union reinforces, perhaps even creates, the idea that heterosexual and gay relationships are different types of thing. 

It would be untrue to say that support for civil partnership is the last refuge of homophobia in modern Britain; gay people still face much more serious forms of hatred and discrimination. It's a sign of progress that the section of religious and political opinion that 45 years ago fought the legalisation of gay sex contents itself today with arguing about the meaning of a word. But the vehemence of the opponents of equal marriage, out of all proportion to any effect that the proposed change could possibly have, suggests a darker motivation than they admit or even realise.

 

Loren Cowley and Michelle Ricketts after their wedding in Sydney. Photograph: Getty Images
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Winning Scottish independence will be even harder than before - but it may be the only choice

Independence campaigners will have to find answers on borders, currency and more. 

The Brexit mutiny has taken not just the UK economy and its relationship with Europe into uncharted waters. it has also imperilled the union between Scotland and England. From Sir John Major to the First Minister, both Unionists and Nationalists had warned of it. The outcome, though, has made this certain. The Leave vote in England and Wales contrasted with an overwhelming Remain vote north of the border.

That every region in Scotland voted to stay In was quite remarkable. Historically, fishing and industrial communities have blamed the European Union for their woes. That antagonism was probably reflected in lower turnout - an abstention rather than a rejection. 

The talk now is of a second referendum on independence. This is understandable given the current mood. Opinion polls in the Sunday Times and Sunday Post showed a Yes vote now at 52 per cent and 59 per cent respectively. Moreover, anecdotal evidence suggests even arch No vote campaigners, from JK Rowling to the Daily Record, are considering the option.

The First Minister was therefore correct to say that a second referendum is now “back on the table”. Her core supporters expects no less. However, as with the economy and Europe, the constitutional relationship between Scotland and England is now in uncharted seas. Potential support for independence may be higher, but the challenges are arguably bigger than before. The difficulties are practical, political and geographic.

Of course the Little Englanders likely to take the helm may choose a velvet divorce. However, given their desire for the return of the Glories of Britannia that’s improbable. They’re as likely to wish to see Caledonia depart, as cede Gibraltar to Spain, even though that territory voted even more overwhelmingly In.

Ticking the legal boxes

Practically, there’s the obstacle of obtaining a legal and binding referendum. The past vote was based on the Edinburgh Agreement and legislation in Westminster and Holyrood. The First Minister has indicated the democratic arguments of the rights of the Scots. However, that’s unlikely to hold much sway. A right-wing centralist Spanish government has been willing to face down demands for autonomy in Catalonia. Would the newly-emboldened Great Britain be any different?

There are no doubt ways in which democratic public support can be sought. The Scottish Government may win backing in Holyrood from the Greens. However, consent for such action would need to be obtained from the Presiding Officer and the Lord Advocate, both of whom have a key role in legislation. These office holders have changed since the first referendum, where they were both more sympathetic and the legal basis clearer. 

Getting the EU on side

The political hurdles are, also, greater this time than before. Previously the arguments were over how and when Scotland could join the EU, although all accepted ultimately she could remain or become a member. This time the demand is that Scotland should remain and the rest of the UK can depart. But will that be possible? The political earthquake that erupted south of the Border has set tectonic plates shifting, not just in the British isles but across the European continent. The fear that a Brexit would empower dark forces in the EU may come to pass. Will the EU that the UK is about to leave be there for an independent Scotland to join? We cannot know, whatever European Commission President Jean-Claude Juncker may be saying at the moment. The First Minister is right to start engaging with Europe directly. But events such as elections in France and the Netherlands are outwith her control. 

Moreover, currency was the Achilles heel in the last referendum, and hasn’t yet been addressed. George Osborne was adamant in his rejection of a currency union. The options this time round, whether a separate Scottish currency or joining the euro, have yet to be properly explored. A worsened financial situation in the 27 remaining EU members hampers the latter and the former remains politically problematic. 

The problem of borders

Geography is also an obstacle  that will be even harder to address now than before. Scotland can change its constitution, but it cannot alter its location on a shared island. In 2014, the independence argument was simply about changing the political union. Other unions, whether monarchy or social, would remain untouched. The island would remain seamless, without border posts. An independent Scotland, whether in or out of the EU, would almost certainly have to face these issues. That is a significant change from before, and the effect on public opinion unknown.

The risk that's worth it

Ultimately, the bar for a Yes vote may be higher, but the Scots may still be prepared to jump it. As with Ireland in 1920, facing any risk may be better than remaining in the British realm. Boris Johnson as Prime Minister would certainly encourage that. 

David Cameron's lack of sensitivity after the independence referendum fuelled the Scottish National Party surge. But perhaps this time, the new Government will be magnanimous towards Scotland and move to federalism. The Nordic Union offers an example to be explored. Left-wing commentators have called for a progressive alliance to remove the Tories and offer a multi-option referendum on Scotland’s constitution. But that is dependent on SNP and Labour being prepared to work together, and win the debate in England and Wales.

So, Indy Ref The Sequel is on the table. It won’t be the same as the first, and it will be more challenging. But, if there is no plausible alternative, Scots may consider it the only option.

Kenny MacAskill served as a Scottish National MSP between 2007 and 2016, and as Cabinet Secretary for Justice between 2007 and 2014.