UK Parliament / Open data

Marriage (Same Sex Couples) Bill

It is a pleasure to follow such a wise speech by the hon. Member for Stoke-on-Trent South (Robert Flello), and I will follow on from his main point.

This Bill does not create equality. It highlights the inequalities that will always exist, because the definition of marriage is based on the definition of sex. It is absolutely impossible to shoehorn same-sex marriage into the Matrimonial Causes Act 1973 to provide equality. The gay lobby have said themselves in their campaigning that they have been looking for a Bill that will give them the same rights as heterosexual couples and enable them to enjoy faithful and committed relationships. This Bill in no way makes a requirement of faithfulness from same-sex couples; in fact, it does the opposite. In a heterosexual marriage, a couple can divorce on the grounds of adultery, and the legal requirement for adultery to have taken place is that someone has had sex with a member of the opposite sex.

In a heterosexual marriage, a couple vow to forsake all others. They are basically saying, in accordance with liturgy and the 1973 Act, “I will forsake all others because to you I will be faithful in honour of our vows and my faithfulness to us and our marriage.” A gay couple have no obligation to make that vow. They do not have to forsake all others because they cannot divorce on the grounds of adultery; there is no requirement of faithfulness. If there is no requirement of faithfulness, what is a marriage?

The Minister says that there is no requirement for consummation in a marriage. No, there is not, but a marriage is voidable without consummation. There is no requirement for consummation in the Bill because the definition of marriage and the definition of sex is for ordinary and complete sex to have taken place. Same-sex couples cannot meet this requirement. The Government have tucked this aspect right at the back of the Bill, possibly because they do not want it to be debated in Committee. That is sad, because it is part of the inequality. If I were part of a gay couple, I would feel like a poor relation as a result of this Bill. I would feel that it was a shoddy Bill in which gay couples are not as well considered as heterosexual couples. It highlights the inequalities.

Gosh, I am down to one minute left. I hope that the Minister will elucidate on one point. Mr Tatchell apparently said outside the gates of Downing street that the Prime Minister had been inspired by his words and that the Prime Minister used lines from his speech to promote the Bill. I admire Mr Tatchell—he is a brave man who says what he thinks and I respect his right to do that—but he also says that, on this issue, equality is not enough and that he is part of a movement of social revolutionaries who are out to turn society and the world upside down. Will the Minister please tell us that Mr Tatchell has not inspired this Bill and that it is not based on his words, and will she repudiate the overall intentions of Mr Tatchell and his lobby?

2 pm

Type
Proceeding contribution
Reference
558 cc147-8 
Session
2012-13
Chamber / Committee
House of Commons chamber
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