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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Find the EU renegotiation demands dull? Me too – but they are important

It's an old trick: smother anything in enough jargon and you can avoid being held accountable for it.

I don’t know about you, but I found the details of Britain’s European Union renegotiation demands quite hard to read. Literally. My eye kept gliding past them, in an endless quest for something more interesting in the paragraph ahead. It was as if the word “subsidiarity” had been smeared in grease. I haven’t felt tedium quite like this since I read The Lord of the Rings and found I slid straight past anything written in italics, reasoning that it was probably another interminable Elvish poem. (“The wind was in his flowing hair/The foam about him shone;/Afar they saw him strong and fair/Go riding like a swan.”)

Anyone who writes about politics encounters this; I call it Subclause Syndrome. Smother anything in enough jargon, whirr enough footnotes into the air, and you have a very effective shield for protecting yourself from accountability – better even than gutting the Freedom of Information laws, although the government seems quite keen on that, too. No wonder so much of our political conversation ends up being about personality: if we can’t hope to master all the technicalities, the next best thing is to trust the person to whom we have delegated that job.

Anyway, after 15 cups of coffee, three ice-bucket challenges and a bottle of poppers I borrowed from a Tory MP, I finally made it through. I didn’t feel much more enlightened, though, because there were notable omissions – no mention, thankfully, of rolling back employment protections – and elsewhere there was a touching faith in the power of adding “language” to official documents.

One thing did stand out, however. For months, we have been told that it is a terrible problem that migrants from Europe are sending child benefit to their families back home. In future, the amount that can be claimed will start at zero and it will reach full whack only after four years of working in Britain. Even better, to reduce the alleged “pull factor” of our generous in-work benefits regime, the child benefit rate will be paid on a ratio calculated according to average wages in the home country.

What a waste of time. At the moment, only £30m in child benefit is sent out of the country each year: quite a large sum if you’re doing a whip round for a retirement gift for a colleague, but basically a rounding error in the Department for Work and Pensions budget.

Only 20,000 workers, and 34,000 children, are involved. And yet, apparently, this makes it worth introducing 28 different rates of child benefit to be administered by the DWP. We are given to understand that Iain Duncan Smith thinks this is barmy – and this is a man optimistic enough about his department’s computer systems to predict in 2013 that 4.46 million people would be claiming Universal Credit by now*.

David Cameron’s renegotiation package was comprised exclusively of what Doctor Who fans call handwavium – a magic substance with no obvious physical attributes, which nonetheless helpfully advances the plot. In this case, the renegotiation covers up the fact that the Prime Minister always wanted to argue to stay in Europe, but needed a handy fig leaf to do so.

Brace yourself for a sentence you might not read again in the New Statesman, but this makes me feel sorry for Chris Grayling. He and other Outers in the cabinet have to wait at least two weeks for Cameron to get the demands signed off; all the while, Cameron can subtly make the case for staying in Europe, while they are bound to keep quiet because of collective responsibility.

When that stricture lifts, the high-ranking Eurosceptics will at last be free to make the case they have been sitting on for years. I have three strong beliefs about what will happen next. First, that everyone confidently predicting a paralysing civil war in the Tory ranks is doing so more in hope than expectation. Some on the left feel that if Labour is going to be divided over Trident, it is only fair that the Tories be split down the middle, too. They forget that power, and patronage, are strong solvents: there has already been much muttering about low-level blackmail from the high command, with MPs warned about the dire influence of disloyalty on their career prospects.

Second, the Europe campaign will feature large doses of both sides solemnly advising the other that they need to make “a positive case”. This will be roundly ignored. The Remain team will run a fear campaign based on job losses, access to the single market and “losing our seat at the table”; Leave will run a fear campaign based on the steady advance of whatever collective noun for migrants sounds just the right side of racist. (Current favourite: “hordes”.)

Third, the number of Britons making a decision based on a complete understanding of the renegotiation, and the future terms of our membership, will be vanishingly small. It is simply impossible to read about subsidiarity for more than an hour without lapsing into a coma.

Yet, funnily enough, this isn’t necessarily a bad thing. Just as the absurd complexity of policy frees us to talk instead about character, so the onset of Subclause Syndrome in the EU debate will allow us to ask ourselves a more profound, defining question: what kind of country do we want Britain to be? Polling suggests that very few of us see ourselves as “European” rather than Scottish, or British, but are we a country that feels open and looks outwards, or one that thinks this is the best it’s going to get, and we need to protect what we have? That’s more vital than any subclause. l

* For those of you keeping score at home, Universal Credit is now allegedly going to be implemented by 2021. Incidentally, George Osborne has recently discovered that it’s a great source of handwavium; tax credit cuts have been postponed because UC will render such huge savings that they aren’t needed.

Helen Lewis is deputy editor of the New Statesman. She has presented BBC Radio 4’s Week in Westminster and is a regular panellist on BBC1’s Sunday Politics.

This article first appeared in the 11 February 2016 issue of the New Statesman, The legacy of Europe's worst battle