Celebrating Our Relationships

April 24, 2012 — Terence Weldon

One of the dangers in focussing too much in the controversies over same – sex marriage, whether in church or as civil marriage, is that of ignoring or marginalising other forms of relationship – such as civil partnerships. In our workshop session for the Cutting Edge Consortium conference on opposing faith-based homophobia, Martin Pendergast and I discussed the place of religious celebration of same – sex relationships – without focussing specifically on “marriage”. This was my contribution.

Relationships in Historical Perspective

I began with some observations from history. With or without formal recognition, same – sex relationships have always existed, in all periods and all geographic regions, and have often been formally accepted, institutionalized and honoured.

One striking demonstration of this, comes from examining early religious ideas, from before the time of the great monotheistic religions. In our bible, and in Christian theology, we are told that we are made in the image and likeness of God. In the earliest religious imaginations, before people could conceive of a single, all – encompassing deity, it may be more accurate to say that humans made gods (and goddesses) in their own image, possessing specific powers but otherwise conceived in very anthropomorphic terms, with human emotions, appetites and weaknesses.   It is striking that in nearly all the early mythologies that constructed a pantheon comprising a range of divinities, there are several examples of gods or goddesses who had relationships (or mere dalliances) with human or divine same – sex partners. Some even have specific recognition of gods who are patrons of homosexual love.

Xochipilli, Aztec patron of homosexuals

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AP: “NH House kills gay marriage repeal bill”

March 21, 2012 — Terence Weldon

The Associated Press headline above is misleading. The NH legislators did not simply “kill” the bill to repeal marriage equality – they slaughtered it, then it was hung drawn and quartered, and impaled on stakes outside the legislature as a warning for others wanting to entrench discrimination.

Right from the start, when Republican leaders announced their intention to repeal, I did not believe they would succeed, an opinion that was strengthened by the subsequent opinion polls. Even so, I was amazed at the sheer scale of the defeat. Supporters knew that even if the measure passed, they faced a veto by Governor Lynch, so they needed to demonstrate that they could secure enough support for a later override. Instead, they went down by 211-116  - almost a two – thirds majority against them! I haven’t yet seen the partisan split, but with the GOP in clear control, a loss on that scale shows a Republican Party deeply divided on the issue.

And here’s a bonus for equality: NOM have committed themselves to spending $250 000 supporting re-election campaigns for the GOP reps who voted for repeal – money that they will not be able to spend elsewhere.

State Rep. David Bates, R-Windham, talks about his amendment

 

New Hampshire lawmakers on Wednesday rejected a bill that would have made their state legislature the first one to repeal a gay marriage law, handing gay-rights supporters a key victory in the Northeast, where same-sex marriage is prevalent.

The state House voted 211-116 to kill the measure, ending a push by its new Republican majority to rescind New Hampshire’s 2-year-old gay marriage law. Nevertheless, both sides are pledging to continue fighting into the fall elections.

Repeal opponents hoped to solidify what they argue is public support for gay marriage, while supporters hoped to reverse the law in a region of the country where gay-rights groups have strength.

“Today is a banner day for the freedom to marry,” said Craig Stowell, co-chairman of Standing up For New Hampshire Families. Stowell said the House, where Republicans hold a 189-seat advantage, was supposed to give conservatives their best shot at repeal. “They blew it. This was supposed to be the most favorable legislative climate for repeal and they couldn’t even get a majority.”

The Republican-backed bill called for repealing gay marriage in March 2013 and replacing it with a civil unions law that had been in place in 2008 and 2009. Gay marriages occurring before the repeal took effect would have remained valid, but future gay unions would have been civil unions. The bill also would have allowed voters to weigh in on the issue through a nonbinding November ballot question.

via The Associated Press: NH House kills gay marriage repeal bill.

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Now you have your say on plans for Gay Civil Marriage Equality

March 15, 2012 — CHRIS MORLEY

The Government’s plans for civil marriage equality for lesbian and gay couples have now been published. You have 12 weeks until 14 June 2012 to send in your views.

The plan is to change the law in England and Wales only so the first lesbian and gay couples can have a civil wedding, some time before the next general election which is planned for early May 2015. Scotland’s consultation on its own plans for same sex civil marriage has just ended and the Scottish Parliament will make those law changes. There are no plans yet for civil gay marriages in Northern Ireland, but civil partnerships are available.

Two wedding rings shown against a rainbow flag

Gay wedding rings

  • The ban on same sex couples marrying in a civil ceremony will be ended. The same civil ceremony will be used for both heterosexual and lesbian and gay couples.
  • The legal reasons for ending both civil partnerships and civil gay marriages will be made the same as for heterosexual marriages. This means adultery and non-consummation will then be grounds for ending same sex relationships, as they already are for heterosexual marriages. The courts will be left to decide what adultery and non-consummation mean in same sex relationships. It is likely Courts will apply the same legal principles that are used in heterosexual divorces on these grounds.
  • There will be NO changes to how religious organisations solemnize marriages: these will continue to ONLY be available for heterosexual couples. There will be no change to how religious organisations define religious marriage.
  • The new law for civil gay marriages will make it clear that no religious organisation can hold a religious marriage ceremony in religious premises for same sex couples
    couple demonstrating as clergy for same sex marriage

    Some faith groups want to offer same sex marriages in their religious premises

    .

 

  • This means faith groups like the Society of Friends (Quakers), Liberal and Reform Jewish Congregations, Unitarians, Metropolitan Community Church, and others, which would like to offer religious same sex weddings in their religious premises, will NOT be allowed to do so. In your answer to Question 5, you could explain why and if you think this should be allowed. Also see the second to last bullet dot below. The government is likely to strongly resist any calls for such change. But what you don’t ask for you won’t get, and at some stage, if not now, further law reform along these lines will be needed.
  • Transsexual people will now be allowed to change their legal gender identity without having to legally end their existing marriage or civil partnership.
  • Lesbian and gay couples will still be able to have a civil partnership in the proposals. Question 6 asks if you agree that the right to choose to have a same sex civil partnerships should be kept, or not. The government does NOT propose allowing heterosexual couples to choose to have a civil partnership instead of a civil marriage. BUT Question 8 asks if you think heterosexual couples SHOULD also be allowed to choose a civil partnership if they want.
  • Married couples and civil partnership rights and responsibilities are already similar, but there are some differences, such as the eligibility for some pension rights, ending a relationship on the grounds of adultery and non-consummation, and courtesy titles. The government will work out how reduce or eliminate these remaining differences later.
  • Civil same sex marriages will only be held in secular premises. Same sex couples can already have (since December 2011) a civil partnership secular ceremony of registration in certain religious buildings. Only faith groups which want to host civil partnership registrations can offer this. There is no plan to change this law and the existing ban on any religious elements forming part of the civil partnership registration will continue. There is no question which asks what you think of this, but you could comment on this in reply to Question 5.
  • Existing couples in a civil partnership will be able to ‘convert’ their civil partnership into a civil marriage, at low cost. Question 9 asks would you convert yours? Question 10 asks if there should be any time limit on making these conversions. Question 11 asks if there should be a ceremony for converting civil partnerships to gay marriages.

There are 16 questions, but you only have to answer the ones you want.

Consultation proposals and REPLY ONLINE

By Post Government Equalities Office, 3rd Floor Fry, 2 Marsham Street, London, SW1P 4DF

By email equalmarriage@geo.gsi.gov.uk

by 14 June 2012 

 

BBC News report

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UK Marriage Consultation: Trans – inclusive Details Published

March 15, 2012 — Terence Weldon

The British Home Office today published detail of the government’s proposals to amend the current marriage legislation. In the media storm over this issue, there’s been a great deal of misinformation disseminated, and some important details overlooked. One key item, that I’ve not seen anywhere in prior reporting, is that this is not simply a consultation on “gay” marriage, but a much broader consultation on all civil marriage – including the position of trans people. The relevant proposal is that “individuals will, for the first time, be able legally to change their gender without having to end their marriage”. This should be good news for trans people, who (I suspect) often have reason to feel left out of discussions around “gay marriage”, but that’s clearly not what this is about. This consultation deals with gender – neutral civil marriage, in which the biological sex, sexual orientation, and gender identity or presentation of the partners  are entirely immaterial.

The consultation document notes that under existing law,

Individuals seeking a full Gender Recognition Certificate in order to legally change their gender have to end their existing marriage or civil partnership in order to do this.

Under the proposed new law,

Individuals who are married could remain married and obtain a full Gender Recognition Certificate

Individuals who are in a civil partnership could apply to convert their civil partnership to a marriage and then obtain a full Gender Recognition Certificate – individuals could not remain in their civil partnership as this would create an opposite-sex civil partnership which is not under consideration.

It must also be stressed, that the proposals affect only civil marriage. Some of the hysteria from the opposition is around the idea that clergy will be forced to hold gay weddings in church. The truth is the exact opposite: same -sex church weddings will be prohibited. Churches will be permitted to hold civil partnerships, but no more.

Also worth noting in the detail, is a clear statement that as marriage is a “devolved” issue, the proposals refer to England and Wales only. It will not affect Northern Ireland – and includes a tacit acknowledgement that the national government has no power to interfere in the firm Scottish intention to provide full marriage equality.

Equal civil marriage consultation

This consultation sets out the government’s proposals to enable same-sex couples to have a civil marriage.

The key proposals of the consultation are:

  • to enable same-sex couples to have a civil marriage i.e. only civil ceremonies in a register office or approved premises (like a hotel)
  • to make no changes to religious marriages. This will continue to only be legally possible between a man and a woman
  • to retain civil partnerships for same-sex couples and allow couples already in a civil partnership to convert this into a marriage
  • civil partnership registrations on religious premises will continue as is currently possible i.e. on a voluntary basis for faith groups and with no religious content
  • individuals will, for the first time, be able legally to change their gender without having to end their marriage

Current legislation allows same-sex couples to enter into a civil partnership, but not civil marriage.

The full details of the consultation are included in the pdf version of the consultation document, which is available to download below.

Respond online

Please send us your comments by using our online form(Opens in a new window).

The consultation closes on 14 June 2012.

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English Bishop Backs Gay Marriage: Queer Ferment in the Anglican Church.

February 4, 2012 — Terence Weldon

For years, the major focus of controversy in the Church of England has been over the appointment of women bishops. That debate has now been all but settled (even the opponents agree that change is inevitable). Issues around full LGBT inclusion in church will now move to centre stage.

One sign of this is a bishop who has spoken out publicly in favour of gay marriage:

The new Bishop of Salisbury, The Rt Revd Nick Holtam, has spoken out in support of gay marriage.

Bishop Holtam made the comments in an interview with the Times today ahead of the meeting of the General Synod next week, where civil partnerships in churches and equal marriage are to be discussed.

He said: “We are living in a different society. If there’s a gay couple in The Archers, if there’s that form of public recognition in popular soaps, we are dealing with something which has got common currency. All of us have friends, families, relatives, neighbours who are, or who know someone, in same-sex partnerships.”

He said he was “no longer convinced” marriage should be between a man and a woman.

He continued: “I think same-sex couples that I know who have formed a partnership have in many respects a relationship which is similar to a marriage and which I now think of as marriage.

Bishop of Salisbury Backs Gay Marriage - Pink News

Lesbian priests marry, Boston cathedral, 1/1/2010

He is not alone. The Times interview, in which he was speaking about full marriage, followed an earlier report that over 100 Anglican clergy from the diocese of London have signed a petition asking that the synod next week agree to allow local discretion on conducting civil partnership ceremonies on church. The background is that parliament last year changed the civil partnership legislation, which previously prohibited these from being conducted on religious premises, to permit such premises where church authorities give explicit approval. Up to now, the public stance of the Church of England has been that permission will not be granted. Next week’s synod will show that there is significant opposition to that stance. (more…)

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December 16, 2011 — Terence Weldon

House of Lords rejects peer’s challenge to religious civil partnership rules -

The motion to reintroduce the ban on civil partnerships in religious premises has been withdrawn by Baroness O’Cathain after it was debated today in the House of Lords.

The Lords has rejected the argument that provisions in the civil partnerships regulations and the Alli Amendment in the Equality Act 2010 will not protect places of religious worship from over-arching equality principles forcing them to perform gay ceremonies alongside weddings.

The legal argument had been put forward by the Christian Institute, CARE and the Evangelical Alliance and was introduced in a debate today by Baroness O’Cathain.

The argument had earlier been rejected by the government and the Church of England, among others.

Speaking after the motion was defeated this afternoon, Equalities Minister Lynne Featherstone said: “A number of faiths have made it very clear to me and others that they want to allow same-sex couples to have their civil partnership ceremony in their places of worships.

- full report at PinkNews.co.uk.

It’s after midnight. Comment, later.

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Catholics Should Support Civil Partnerships, in Church.

December 7, 2011 — Terence Weldon

At the Catholic Herald, William Oddie is on another rant about Archbishop Nichols and civil partnerships. As usual, he stokes the fires of his and his readers’ anger with several misrepresentation of facts, but buried in the hysteria he quotes, then dismisses, an important observation by the Archbishop.

Archbishop Nichols said the key distinction between civil partnerships and marriage is that the former does not “in law contain a required element of sexual relationships”.

“Same-sex partnerships are not marriage because they have no root in a sexual relationship, which marriage does,” he explained. “And that’s the distinction that I think it’s important for us to understand, that marriage is built on the sexual partnership between a man and a woman which is open to children to their nurture and education.”

Oddie describes this claim, that British civil partnerships are not sexual, as “preposterous”, and of course it is true that in practice, the majority are sexual relationships – just as most other non-familial, permanent, cohabiting relationships between two adults are sexual But that is not the point. What matters, and should matter particularly to the Catholic Church, is that not all are, nor need they be. For this reason, the Catholic Church should be endorsing, not opposing, civil partnerships, particularly to protect and support those gay and lesbian Catholics who aim to live in full accordance with CDF doctrine on homosexuality, and its expectation of absolute celibacy.

Civil partnership: Why not in church?

(more…)

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“Religious freedom” cannot mean only freedom for the religious right.

December 4, 2011 — Terence Weldon

 In the UK, a change in the law comes into effect tomorrow, which will allow civil partnership registration ceremonies to be conducted on religious premises, and with religious texts. Up to know, the prohibition on religious elements has been one of the two most significant distinctions between partnerships and full marriage – the other being the language used. For all practical purposes, the legal implications of civil partnerships and full marriage are identical, which is why the British press and people regularly refer to civil partnership ceremonies as gay weddings: but they are not. Marriage is about far more than legal implications. The symbolic value is important, too. For people of faith, straight or gay, the symbolism of exchanging their vows in a place of worship, in front of a religious congregation, cannot be replaced by signing papers in  a registry office. “Will you register a civil partnership with me?” can never have the resonance of “Will you marry me?”. This is why tomorrow’s change in the law matters to queer people of faith. It will not change the problem of terminology, but it will remove one major impediment to symbolic as well as legal equality. For those who want it, and who can secure the co-operation of their faith community, they will for the first time be able to exchange vows in church, just like any other couple.

But there’s a catch. In a bizarre abuse of the principle of “religious liberty”, a British peer is using an obscure procedural rule to attempt to have the legislation revoked, on the grounds that the new regulations do not give enough protection to the churches against attempts to compel them to hold these ceremonies against their wishes.

(more…)

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Marriage Equality: Shifting Sentiment in Poland, Estonia.

October 1, 2011 — Terence Weldon

When I wrote earlier this week about the EU Declaration on LGBT human rights, I referred to heavily Catholic Poland as an example of strong resistance to equality. That was an oversimplification. A Hungarian reader, Kal,  noted that

There are serious homophobic tedences not only in Poland unfortunatly. The situation is similar in all country of Central and Eastern Europe, whiche belonged to communist block previously. I wrote a short article about this topic in  kaleidoscope.blog.hu.

Kal is correct, and his caution should be noted. however, the situation is Poland is also more nuanced than I suggested. Even without the EU declaration, there are some remarkable changes in public sentiment, as I discovered when doing some background digging follow up on a report on proposals for civil unions in Estonia.

Source: Wikipedia (Click to enlarge, and for key)

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August 10, 2011 — Terence Weldon

 

 Chile president introduces bill to legalize gay unions.

Chile’s conservative president proposed legislation Tuesday to recognize gay civil unions, granting them some of the same rights as married couples in the ultra-Catholic country.

“All forms of marriage deserve respect, dignity and the support of the state,” said President Sebastian Pinera, who signed the proposal and sent it to Congress.

“This puts opposite-sex and same-sex couples on the same footing, because in both cases it is possible to develop love, affection and respect.”

-AFP:

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