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Posts Tagged ‘civil unions’

I posted on Saturday about the topic of same-sex ‘marriage’ in general, without discussing the process of consultation that is taking place over these next twelve weeks.

The document from the Government Equalities Office shows a staggering narrowness and an unapologetic lack of interest in consulting about the two main issues that anyone, surely, would be concerned about – whatever their views. Namely, what the social effects of this redefinition would be, and whether it is a good thing for our society to redefine marriage in this way. The fundamental questions of what and whether are simply bypassed in the main opening sections. The only question asked in the main topic box on page 2 is how: ‘how to provide equal access to civil marriage for same sex couples’; just as the only question asked in the Ministerial Foreword on page 1 is ‘how we can remove the ban on same-sex couples having a civil marriage in a way that works for everyone’. Granted, the first of the detailed consultation questions is, ‘Do you agree or disagree with enabling all couples regardless of their gender to have a civil marriage ceremony?’ But this is in the context of a consultation that has already defined itself in its introductory statements as a means to working out how and not whether.

Catholic Voices analyses this much better than I can:

The Government’s consultation paper, published yesterday under the misleading title of Equal civil marriage: a consultation reveals both the shoddiness of its thinking and the extraordinary authoritarianism of a process which Lynne Featherstone, the equalities minister, has repeatedly made clear has only one outcome.

The Government’s proposal fundamentally to alter – and in the process radically redefine in such a way as to render it meaningless — a major social public institution which has traditionally been protected by the state is one of the most audacious uses of unaccountable state power in more than a generation.

The proposal was in no party manifesto prior to the May 2010 general election. There has been no Green Paper or White Paper. Yet the Government makes clear that this is a consultation not on whether to introduce gay marriage but on how to. And they have also made clear that the strength of public opinion – manifest in the Coalition for Marriage’s historically large petition in protest (now exceeding 200,000), as well as in the ComRes poll for Catholic Voices advertised in yesterday’s Daily Telegraph showing 70% of British people in favour of retaining the current definition – will simply be ignored. The Government’s response to the consultation, they say on p. 2, “will be based on a consideration of the points made in consultation responses, not the number of responses received.”

As Greg Daly points out, the Consultation continually confuses weddings and marriages, in such a way as to imply that civil and religious marriages are two separate legal realities. In fact, in law there is only marriage, with two ways into it — via the state (civil ceremonies) or the Church (church weddings), with each (state and Church) recognising the other’s ceremonies as valid. This is because both Church and state recognise the reality of marriage as an institution embedded in civil society which precedes and predates both state and Church — and which lies beyond their control to redefine. The Government utterly fails to grasp this essential point, and appears baffled, therefore, at the Churches’ vigorous opposition to the move.

The description of same-sex marriage as “equal” marriage is a naked attempt at hijacking the term; the Universal Declaration of Human Rights already makes clear that men and women have the an equal right to marriage. The notion that redefining marriage is for the sake of “equality” is nakedly absurd, as the Catholic Voices briefing paper (recently updated) makes clear.

The other massive flaw in the Consultation, one which exposes the poverty of the Government’s thinking about marriage, is the complete absence from it of children. As the Archbishop of Westminster pointed out in last night’s Newsnight (beginning at 11’40):

‘To me it is utterly astonishing that in the whole consultation document … there is not one reference to a child. There is no reference to children at all. And I think that shows that the vision of marriage contained in the consultation document is reduced. It is excluding things that are of the very nature of marriage.’

The Consultation lasts until June. At present, the debate is being cast as a disagreement between the entire political establishment and the Churches, almost alone in their organised opposition. The leaders of all three political parties, cowed by the efficient lobbying of Stonewall – whose £4m annual budget allows it to employ teams of lawyers and lobbyists — are in favour of the proposal. Unless civil society organises, and a proper debate is enjoined, the state will be allowed to reshape society in a way that can only be described as totalitarian. The choice is ours.

Public reactions do influence the thinking of politicians. If you want to sign the petition organised by Coalition for Marriage, you can visit the site here.

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You might be sick to death of media discussions about same-sex marriage, but just in case you need a bit more background and food for thought, here is the latest briefing paper from Catholic Voices. (There is a link to the paper in the 5th paragraph here.) Despite the ‘Catholic Voices’ label, it doesn’t try to argue against redefining marriage from a religious point of view; instead it appeals to a vision of how marriage as presently understood serves the common good of society – for people of no faith as much as for people of faith; and it argues that redefining marriage will harm the whole of society and not just the religious groups that might be promised some kind of ‘exemption’.

Here are a few choice paragraphs. First, on the implications of the redefinition for society as a whole:

It is also inadequate to assert, as does the gay rights lobby Stonewall, that “if Roman Catholics don’t approve of same-sex marriage, they should make sure they don’t get married to someone of the same sex.”  The question of whether marriage should be redefined such that its meaning and nature cease to be conjugal is a one which affects the whole of society; and a matter on which all people – whether gay or straight, married or unmarried, religious or unreligious – are entitled to express a view.  Marriage has an intrinsic cultural and social meaning – a conjugal meaning – which is not specific to religious understandings of marriage, although religion gives it extra meaning. Whether entered by the religious or the civil route, marriage is marriage; its intrinsic conjugal meaning will need to be rejected in order to allow same-sex marriage.

Second, on the impoverished vision of marriage being presented in the re-definition:

When the Prime Minister, David Cameron, last year addressed his party’s conference, his justification for legalising gay marriage differed from that of his Equalities Minister. “Yes, it’s about equality,” he said, “but it’s also about something else: commitment. Conservatives believe in the ties that bind us; that society is stronger when we make vows to each other and support each other.” This frame allowed him to claim that he did not support gay marriage “despite” but “because of” being a Conservative.

Similarly, the liberal-conservative Economist asserted that “the real nature of marriage … is a binding commitment, at once legal, social and personal, between two people to take on special obligations to one another.” The magazine went on to ask: “If homosexuals want to make such marital commitments to one another, and to society, then why should they be prevented from doing so while other adults, equivalent in all other ways, are allowed to do so?”

This same truncated thinking underlies the Government’s consultation paper, which gives as one of its “principles for change” the following statement: “The Government recognises that the commitment made between a man and a man, or a woman and a woman, in a civil partnership is as significant as the commitment between a man and a woman in a civil marriage.”

These definitions of marriage as merely an expression of commitment between two individuals are severely truncated: as Archbishop Vincent Nichols has pointed out, “equality and commitment do not amount to marriage”. The quotes above make no reference to the key element in the conjugal understanding of marriage which has permeated our culture and history and which – as our poll shows – remains widespread. Unlike the Prime Minister, most people see marriage as a union of a man and a woman for the sake of the bearing and nurturing of children (even if children do not always result). This conjugal understanding of marriage is not just marriage’s real meaning; it is also the reason it is respected and promoted by the state.

Then a passage about the importance of marriage for the common good:

Marriage’s importance to society rests on three premises:

  1. The family is the founding unit of civil society
  2. At the heart of the family is the sexual union of a man and a woman given to each other for their sake and for the good of their children;
  3. Marriage provides the ideal, irreplaceable environment for the raising of children, who benefit psychologically, emotionally, and in countless other ways by being brought up by their mother and father.

Marriage has many “goods” – emotional commitment and stability among them. But the reason the state promotes marriage is because of its link to, and benefits for, children. These benefits are inextricably bound up with the conjugal union of man and a woman, who become mother and father to the children they generate. Other arrangements for bringing up children are not promoted and legitimised by the state because, however loving the carers, they are far less beneficial. Children brought up by divorced or single parents, by adopted parents or by relatives, by same-sex couples or in foster homes, are all missing something essential to their well-being; and that is why society (and the state) do not promote and institutionalise such arrangements. For while there are bad marriages and bad families, and sad cases where children are abused by their parents, the overwhelming, unchanging norm is that a child raised by his or her mother and father stands the best chance in life. It is not simply the presence of two parents of opposite genders, but the presence of two biological parents, that best supports children’s development – and this is something recognised, as our survey shows, by 84 per cent of British people.

Although marriage is indissolubly linked to children, it is not simply a means for procreation. Couples who cannot for some reason reproduce can still be married: both Church and state accept that a marriage exists as long as it can be consummated – that is, as long as the behavioural conditions for procreation can be fulfilled.

Marriage is singled out and promoted by state, religion, and civil society, because it serves a far-reaching social good – the welfare of children. No compelling case exists for the state recognising same-sex (or other, non-marital) relationships in the same way as it supports marriage.

And finally, on how a redefinition would impact on everyone, and not just on the gay couples who would choose to ‘marry’ in this way:

One thing is clear: the redefinition which the Government proposes would require the state renouncing the conjugal understanding of marriage. Because society takes its cue from laws and the state, that redefinition will send a clear message that the state no longer holds to that conjugal understanding. The implication will be that the union of husband and wife is not, after all, a privileged context for the upbringing of a child. No kind of arrangement for the rearing of children can any longer be proposed by the state (and therefore society) as an ideal.

To suggest otherwise will in time be considered narrow-minded and intolerant. The very terms “husband and wife”, “mother and father”, would need to disappear from public and educational literature to avoid “exclusive” or “intolerant” language. The redefinition of marriage will require the cultural dethroning of the conjugal ideal. This is not a smaller matter for future generations of children, whose interests risk being sacrificed on the altar of an ideological view that same-sex relationships are as worthy as heterosexual ones of being upheld by the state. “Redefining marriage will have huge implications for what is taught in our schools, and for wider society. It will redefine society since the institution of marriage is one of the fundamental building blocks of society. The repercussions of enacting same-sex marriage into law will be immense” [Cardinal Keith O’Brien].

Losing the idea of gender complementarity as necessary for children will also have consequences. “Having two opposite-sex parents provides the child with the capacity to relate intimately to both males and females, and to adopt an engendered role from both influences … It is not in any child’s best interests to choose, through a redefinition of marriage, deliberately to deny these facts and then to institutionalise this denial” [Archbishop Peter Smith]. As the columnist Matthew Parris, who is gay, writes: “I am glad I had both a mother and a father, and that as after childhood I was to spend my life among both men and women, and as men and women are not the same, I would have missed something if I had not learned first about the world from, and with, both a woman and a man, and in the love of both.”

Do read the whole text, which partly deals with some of the objections that you might be raising as you read these summary paragraphs. There is a link to the paper in this report.

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