Leader: Gay marriage and the clash of fundamental values

The value of marriage would be increased, not diminished, through its extension to same-sex couples.

Participants in a pro-gay marriage rally. Photograph: Getty Images.
Participants in a pro-marriage equality rally march through the streets of Sydney. Photograph: Getty Images.

Contrary to reports, gay marriage is one policy on which David Cameron has not changed course. There was never any intention to include legis­lation in the Queen’s Speech last month, which pre-dated the end of the government’s consul­tation. Now, the consultation has ended and the coalition has pledged to legislate before 2015.

There are strong political reasons for Mr Cameron’s commitment to the policy. He is determined for his government to be remembered for more than austerity and has also argued persuasively that same-sex marriage can be reconciled with Conservative philosophy. If marriage, as Conservatives believe, is the foundation of a successful society, then it should surely be offered to the greatest number of people possible. Mr Cameron says he doesn’t support gay marriage in spite of being a Conservative but because he is one.

On this issue, the Prime Minister is right. The value of marriage would be increased, not diminished, through its extension to same-sex couples. Some may question whether the introduction of gay marriage is necessary when the Civil Partnership Act 2004 already allows couples access to almost all of the legal rights enjoyed by heterosexuals. Yet this two-tier system implicitly condones the belief that same-sex relationships are inferior to others. Gay couples are rightly aggrieved that they are unable legally to refer to themselves as “married”. Nor is the distinction merely a semantic one: while a civil marriage is formed when the couple exchange spoken words, a civil partnership is, rather less romantically, formed when the second civil partner signs the register.

Long before its consultation began, the government indicated that no religious organisation would be forced to conduct same-sex marriages. The principle of religious freedom demands as much. Indeed, it went further by ruling that those religious groups that wish to officiate gay marriages, such as Reform Jews and Quakers, would be barred from doing so, even though they can now legally host civil part­nerships. This has not prevented a series of absurd responses from senior clerics. Cardinal Keith O’Brien, the leader of the Catholic Church in Scotland, has compared the introduction of gay marriage to the legalisation of slavery. The Archbishop of York, John Sentamu, has accused Mr Cameron of behaving like a “dictator”. Now, in its formal submission to the government’s consultation, the Church of England has reaffirmed its opposition to gay marriage on the basis that it would “alter the intrinsic nature of a marriage as the union of a man and woman, as enshrined in human institutions through history”. For a church that was founded in opposition to the belief that a sacramental marriage could never be dissolved, it is a reactionary stance.

A greater challenge for liberals is the Church’s assertion that European human rights law could force it to hold gay marriages, with some even raising the spectre of disestablishment. Such a ruling would require the government to adjudicate between the competing priorities of religious freedom and equality. The Home Office’s lawyers insist that the law favours the former, while independent observers suggest that, at most, religious organisations would be permitted to conduct gay marriages voluntarily. The suspicion arises that the Church’s claims are part of a desperate rearguard action, aimed at preventing same-sex marriage ever reaching the statute book. Many in Mr Cameron’s party will prove similarly obstructive but the Prime Minister should use the full weight of his office to override their dissent.

When the Civil Partnership Act was passed, it was said that no single law had done more to promote human happiness. In the same spirit, gay couples should be granted full equality.

64 comments

jankaas's picture

i called you an odd fish because you took issue when i tried to deal with specific points you raised. stop playing the poor little me card. i do not care at all what religion you are, but i do insist that we deal with facts rather than opinion. and your post does the exact opposite. you litter it with fact free straw men you build and then knock down. very dull.

funny also how you see the message of Jesus as an unequivocal denouncement of homosexuality. i thought he stood for love, compassion and understanding. not so it seems, Jesus was a homophobe according to your expert grasp of Christian theology. no thanks Malcolm plenty of Christian scholars have reviewed the Bible and they don't see and interpret what you see and interpret.

bacl to science though. very few serious geneticists hold out much hope of finding this elusive gay gene. you appear to have no idea how genes interact and express themselves in the owner. it just shows that you've sort of read something or other somewhere. to also suggest that if such a gene existed it would prove the bible wrong is hysterical nonsense. you can't prove the bible is wrong with gene expression any more than you can prove it is right with gene expression

and if churches would prefer to close down than allow gay marriage, so be it. other churches will fill the void as it is big money business. no heteros will be left unwed, guaranteed.

pprovazky's picture

As a matter of fact, there is such a long history in "not accepting" the homosexuals. There are some movements towards understanding nowadays, but the society still needs a time. I do agree that the value of marriage would be increased through its extension to same-sex couples. But the value of marriage changed as well...

sítě

iRule's picture

What silly right-wing drivel.
Smash marriage.
jocuri logice cu masini

Rev Graeme Hancocks's picture

Well written article. I was disappointed that those religious groups that do wish to be able to perform marriage ceremonies in their places of worship - Qaukers, Reformed Judaism, Community Churches and others - are excluded. I have been utterly dismayed by the hysterical utterances by the RC and CofE - my own church. They claim to speak for all religious people - a view rather undermined by the Yougov poll yesterday that showed a convincing majority of people of faith SUPPORT GAY MARRIAGE. A view that has surprised some people but rathr chimes with my own experience of fellow clergy and parishoners. It is the CofE and RC hierarchy that are out of touch on this one, not the government.

Fagburn's picture

What silly right-wing drivel.
Smash marriage.

Constantine's picture

Why are we so confused sometimes?
Marriage is bringing together in matrimony man and woman in order to start a family any other "sophisma" is symbioses of human species.
Accepting same sex symbioses gay or lesbian is within limits acceptable;
No short nor further assesments made.

Winley's picture

Evolution:
Nature (People, animals, plants ...) has been in continuous evolution since millions of years. Some of the evolution has been positively accepted and some not. But I think people does not have the power to juge. We are living in a World of Freedom, so we have to respect others' choice(s). In the other way, people have values, religions and "what other people will say!!!". Now we have political influences ...
This will be a never ending battle.
voyages gay

Anthony Murray's picture

1. When civil partnerships were introduced (rightly extending kinship rights to those homosexual couples prepared to make a long term comitment) it was denied that this was a step towards same-sex marriages. For some campaigners this was not true after all.
2. It is disingenuous for any politician or lawyer to claim that a same-sex marriage act will not open the Church of England (or other churches) to litigation. There is certain to be a legal challenge from among the more belligerent campaigners for homosexual rights, as we have seen from the attacks on providers of bed and breakfast whose religious beliefs conflict with the views of the New Statesman and others.
3. Churches are likely again to encounter the intolerant attitude that has resulted in the Roman Catholic Church closing its adoption service. This was in any case the result of a wholly wrong-headed attitude to adoption, which is a process in which only the rights of a child matter; there is no moral basis for arguing that any adult, marride, single, heterosexual or homosexual, has "adoption rights". It takes the "me" generation to argue otherwise.
4. Society, and the state, has an interest in marriage because it is the most dependable way to nurture the next generation. This idea can be a bit hard for people of a self-consciously liberated view to accept, but statistics do back it up. Marriage has involved abuse of women in the past and has served as a way for men to embezzle wives but at least in this country the law has developed more benignly. It is essentially a basis for supporting women, by imposing duties on husbands, to compensate for the disadvantages to her earning power etc. imposed by the biology of bearing children which no amount of help and care from even the most devoted of lovers cannot overcome. This provision arises exclusively out of heterosexuality. It is silly sophistry to pretend anything else.
5. The difficulty most churches have with sex gets in the way of their strongest argument for traditional marriage. The essence of heterosexual marriage is the religious or civil embodiment of the theological idea of continuous creation. By comparison, homosexual unions, while they may offer comfort and love, can only ever amount to a dead-end. Not their fault; nothing to do with rights; just how it is.

Tony1971's picture

It may come as a shock to you but heterosexual couples are allowed to marry when they are incapable of having children or have no intention of having children and procreation has never been a prerequisite of marriage. It's also kind of bizarre that you mistakenly believe that same sex relationships are a 'dead-end'. I am in a same sex relationship and have my own biological children, as do many other gay people. But are you seriously suggesting that parents who adopt should not be allowed to marry and if that is your stance how would you justify only applying that to gay adoptive parents and not straight ones? None of your arguments stand up to logical scrutiny.

Same sex civil marriage is an issue of basic human rights, while denying legal recognition to same sex marriage performed by faith groups like the Quakers and Reform, Liberal and Conservative Jews amounts to religious intolerance with a good pinch of anti-Semitism, seeing as so many of the gay-friendly faith groups are Jewish.

Anthony Murray's picture

1. The "essence" of marriage is why it has developed. Once established, of course there will be cases of sterility in couples. The criticism does not address the heterosexual point: bearing children reduces the earning power and the chances of continuity in work; marriage law has developed benignly to compensate for this. The community as a whole has an interest in the continuance of the human race and in the nurturing of children. There is also evidence that children benefit from being closely acquainted with both halves of the human race from an early age (and I have certainly heard of homosexual couples with young children, however conceived, showing great responsibility in seeking to achieve this for their children). Marriage law, which seeks to cement mother and father together (biological or adoptive) imposes legal obligations particularly on husbands, provides a traditional way of regulating this. This is not to say either that women have to be baby factories - they have a choice - or that childless marriages must be dissolved.
2. Some heterosexual unions do not produce children but homosexual unions are essentially biological dead-ends. How else can they be described? Going outside the union to get a sperm to fertilise an egg only emphasises that this is the case. This is not an argument for imposing celibacy on homosexuals so please do not misrepresent it as such.

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