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Ministers to consult on legalising
same-sex marriages
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This week equalities minister Lynne Featherstone reaffirmed the government’s commitment to changing the law in England and Wales to allow gay marriage by 2015.
A consultation will now take place next Spring on redefining marriage in England and Wales to allow homosexuals to wed, following similar moves in Scotland.
Downing Street sources claim David Cameron’s personal intervention has pushed the issue forward following pressure to redefine marriage by homosexual campaigners, like Peter Tatchell.
But Lib Dem Lynne Featherstone insists the announcement is a triumph for her party within the coalition Government.
Whilst this announcement is already being met with criticism by its opponents, it is also being criticized by its supporters who don’t believe the reforms are being implemented quickly enough says Fiona Lazenby, partner and head of family at leading Midlands law firm Flint Bishop:
“The proposed consultation will begin in the March 2012 - and it is important to stress that the government will be asking how and not if, same-sex marriage should be legalised.
“Whilst the leadership of both coalition parties back the move, it is likely to anger some Conservative activists and other opponents, who say there will be far-reaching consequences if a key social institution is so radically rewritten.
“Gay rights campaigners have also voiced their concerns and have urged the government to act immediately, saying that the current ban on same-sex marriage is homophobic discrimination and should be repealed without the need for a consultation.
“Many also believe that same-sex couples should be allowed to wed in churches and other religious buildings and argue that some faith organisations have expressly asked to be able to conduct same-sex ceremonies.
“At the moment, only men and women are permitted to get married while civil partnerships are limited to same-sex couples.
“Civil partnerships, which became law in 2005, give same-sex couples the right to the same legal treatment across a range of matters as married couples, but the law does not allow such unions to be referred to as marriages.
“The public consultation is intended as the precursor to a change in the law ahead of the next general election scheduled for May 2015.
“Ministers have said the government is determined to listen to "all those who have an interest in the area to understand their views". However, it should be noted that the consultation will not consider whether to allow same-sex couples to have religious marriages or to open up civil partnerships to men and women.
“The Lib Dems have long campaigned for reform of the marriage laws, arguing that they are outdated and discriminate against same-sex couples.
“Conservative leader David Cameron backed the move while in opposition as part of his modernising drive and the pledge to permit equal marriage was included in the party's 2010 election manifesto.
“However, some Conservative MPs and activists are likely to be uncomfortable with the move. And veteran gay rights campaigner Peter Tatchell criticised the government for delaying the consultation, which campaigners had expected to start last June.
“And whilst the Labour party backs the planned reforms, it has accused the government of dragging its feet on civil partnerships on religious premises.
It remains to be seen whether this amounts to a real commitment by the government or simply an announcement made to the Lib Dem party conference - although the government is confident that the legislation will be on the statute book by 2015.
One new rule that it is set to come into force early next year will see religious premises allowed to hold civil partnership ceremonies. The move is voluntary and religious organisations will not be obliged to do so.”
Same-sex marriage is legal in six states and Washington DC. Earlier this year New York became the largest US state to date to legalise gay marriage.
At Flint Bishop we have a team of highly experienced family solicitors. If you require advice on this or any other area of family law please contact:
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