Same-sex marriage in the United Kingdom
Encyclopedia
Same-sex marriage
is not currently legal in the United Kingdom
. Marriage laws vary in the countries of the UK, however they all currently prohibit marriages between same-sex couples. Since 2005, same-sex couples are allowed to enter into civil partnerships, a separate union which provides the legal consequences of marriage. In 2006 the High Court
rejected a legal bid by a British lesbian
couple who had married
in Canada
to have their union recognised as a marriage in the UK and not as a civil partnership.
On 21 September 2010, the Liberal Democrats
, the junior member in the governing coalition
, became the first major political party to formally endorse same-sex marriage, when the party's conference in Liverpool
approved a policy motion "Equal Marriage in the United Kingdom". In February 2011 the government expressed its intention to begin a consultation to allow both religious same-sex ceremonies and civil marriage for same-sex couples. In September 2011, the Government announced its intention to introduce same-sex civil marriage by the next general election
.
was passed, explicitly banning marriages between same-sex couples in England and Wales
. This act was later replaced by the currently in-force Matrimonial Causes Act 1973 which also declared that a marriage is void if the parties are not respectively male and female.
Prohibition of same-sex marriages was also included in the marriage legislation of Scotland
and Northern Ireland
. The Marriage (Scotland) Act 1977 and the Marriage (Northern Ireland) Order 2003 both state there is a legal impediment to marriage if the parties are of the same sex.
was passed and came into effect in December 2005. It created civil partnerships, which gave same-sex couples who entered into them the same rights and responsibilities of marriage. These partnerships were called 'gay marriage' by some of the British media, however the government made clear that they were not marriage.
On 26 August 2003, Celia Kitzinger and Sue Wilkinson, both British university professors, legally married
in British Columbia
, Canada
, however on their return their marriage was not recognised under British law. Under the subsequent Civil Partnership Act, it was instead converted into a civil partnership.
The couple sued for recognition of their marriage, arguing that it was legal in the country in which it was executed and met the requirements for recognition of overseas marriages and should thus be treated in the same way as one between opposite-sex couples. They rejected the conversion of their marriage into a civil partnership believing it to be both practically and symbolically a lesser substitute. They were represented by the civil rights group Liberty
. The group's legal director James Welch said it was a matter of fairness and equality for the couple's marriage to be recognised and that they "shouldn't have to settle for the second-best option of a civil partnership.”
The High Court
announced its judgement on 31 July 2006, ruling that their union would not be granted marriage status and would continue to be recognised in England and Wales as a civil partnership. The President of the Family Division, Sir Mark Potter
, gave as his reason that "abiding single sex relationships are in no way inferior, nor does English Law suggest that they are by according them recognition under the name of civil partnership", and that marriage was an "age-old institution" which, he suggested, was by "longstanding definition and acceptance" a relationship between a man and a woman. He agreed with the couple's claim that they were being discriminated against but argued that this was justified on the grounds of protecting the traditional definition of marriage. The government sought £25,000 in legal costs from the couple which the High Court ordered them to pay.
Wilkinson and Kitzinger said they were "deeply disappointed" with the judgement, not just for themselves, but for "lesbian and gay families across the nation." They said that "denying our marriage does nothing to protect heterosexual marriage, it simply upholds discrimination and inequality" and also said that the ruling insulted LGBT
people and treats their relationships as inferior to heterosexual ones; not worthy of marriage but only of an "expressly different, and entirely separate institution." They said however that they believed the judgement "won't stand the test of time" and that they looked forward to the day when "there is full equality in marriage." They had originally announced their intention to appeal the decision but later abandoned it due to lack of funds.
Gay rights campaigner Peter Tatchell
said that the government's aggressive opposition to same-sex marriage and their successful demand of £25,000 from the couple damaged their "gay-friendly credentials". He also claimed that the demand in legal costs was designed to financially damage the couple so they would not be able to appeal. He said he was "angry but not downcast" about the ruling and that this was only a temporary setback in the "long struggle for marriage equality."
, George Osborne
said that a Conservative government would be happy to "consider the case" for ending the ban on gay marriage. Although he was criticised for not making any specific promises. On 4 May 2010 the party published a "Contract for Equalities" which said it would 'consider' recognising civil partnerships as marriage if elected.
In April 2010 Labour
Minister for Equality Harriet Harman
when asked about same-sex marriage said the issue was a "developing area" and that the government still had a long way to go with what it had done with gay rights. Then Prime Minister Gordon Brown
said the government did not allow same-sex marriage because it was "intimately bound up with questions of religious freedom".
During the Labour leadership election campaign over the summer of 2010, each of the Labour candidates expressed their support for reform to lead to the recognition of gay marriage and following Ed Miliband's victory it became Labour party policy. On 17 February 2011, Labour leader Ed Milliband reiterated his desire to see gay marriage and called for more progress saying, "Five years on from the first civil partnership it is right that we look at extending marriage equality for those people who want it."
The leader of the Liberal Democrats
, Nick Clegg
supports same-sex marriage and has stated that his party backs its legalisation. On 4 July 2009 in an article for LabourList
, Clegg wrote that "although civil partnerships have been a step forward, until same sex marriage is permitted it is impossible to claim gay and straight couples are treated equally." Following this, the party's LGBT equality body DELGA
launched a petition "Marriage Without Borders" calling for all gender restrictions on marriage and civil partnerships to be lifted, and for same-sex relationships to be recognised across Europe and internationally. The petition was run at Manchester Pride
and Reading Pride
in 2009, and launched online in January 2010 following an interview with Clegg in Attitude Magazine
in which he reaffirmed his commitment to equal marriage. However this did not make it into the party's manifesto. In an interview in July 2010 Lib Dem deputy party leader Simon Hughes confirmed that the coalition government plans to open marriage to same sex couples, saying, "It would be appropriate in Britain in 2010, 2011, for there to be the ability for civil marriage for straight people and gay people equally... The state ought to give equality. We’re halfway there. I think we ought to be able to get there in this parliament".
In 2010, at their spring conference the Scottish Liberal Democrats
passed a motion calling on the Scottish Government to allow gay couples to marry, describing the exclusion of same-sex couples from marriage as a "discrimination that needs to end". In September 2010, during their autumn conference, the Liberal Democrats voted to make marriage equality a party policy at the Westminster
level.
The Green Party
supports allowing same-sex couples to marry. On 22 May 2009 they called for an end to the ban on civil marriage
s between same-sex couples in Britain and in other EU
member states. Party leader Caroline Lucas
said the party wants marriage equality for same-sex couples and that married gay couples who travel throughout Europe should be able to have their relationship recognised on the same basis as married heterosexual couples. Peter Tatchell, who was the party's candidate for Oxford East
at the time, said there is a "confusing patchwork" of different partnership laws throughout Europe and that "for a majority of lesbian and gay couples their legal rights stop at their own borders". He said, the "best and most universally recognised system of partnership" is civil marriage and, "anything less is second class and discrimination".
in 2009, the Quakers decided to recognise opposite-sex and same-sex marriages equally and perform marriage ceremonies for same-sex couples, making them the first mainstream religious body in Britain to do so. Under the current law registrars are not allowed to legally officiate a marriage between same-sex couples but the Quakers stated that the law does not preclude them from "playing a central role in the celebration and recording of same-sex marriages” and asked the government to change the law so that these marriages would be recognised.
A 2004 poll by Gallup
reported that 52% agreed that 'marriages between homosexuals' should be recognised while 45% said they should not. Support for same-sex marriage among British respondents was 1% higher than Canadians who were asked and 17% higher than Americans. The poll found that 65% supported allowing gay couples to form civil unions. A 2006 Eurobarometer
survey reported that 46% of Britons agreed the same-sex marriages should be allowed throughout Europe, support being slightly higher than the EU
average of 44%. A poll conducted in September 2008 by ICM Research for The Observer
found that 55% of Britons believed that same-sex couples should be allowed to get married while 45% disagreed.
An opinion poll conducted in June 2009 by Populus
for The Times
reported 61% of the British public agreed with the statement 'Gay couples should have an equal right to get married, not just to have civil partnerships', while 33% disagreed. Support was highest among those aged between 25 and 34 where 78% agreed and 19% disagreed. It was lowest amongst those over 65 where 37% agreed and 52% disagreed. A majority of both men and women agreed but support was higher among women (67%) than men (55%). On voting intention, 73% Liberal Democrats, 64% Labour voters and 53% Conservatives agreed that gay couples should have the right to marry.
A poll conducted by Angus Reid in July 2010 showed that 78% of people supported either same-sex marriage
or civil union
for gay couples, with 41% opting for same-sex marriage
and 37% opting for civil union
. The amount of people who supported no legal unions for gay couples decreased by 3% since August 2009.
According to the 2010 Scottish Social Attitudes Survey
, 61 per cent of Scotland's population supports same-sex marriage
. Just 19 per cent said they disagreed, while 18 per cent said they neither agreed nor disagreed. In a similar poll in 2002, 42% of Scotland's population supported same-sex marriage. In 2006, 53% of Scots backed same-sex marriage.
In July 2011, a representative survey conducted by Angus Reid Public Opinion
showed that 43 per cent of Britons believe same-sex couples in the UK should be allowed to legally marry, 34 per cent think same-sex couples should be allowed to form civil partnerships, but not marry, and 15 per cent would grant no legal recognition to same-sex couples.
, director of gay rights group the LGBT Network
, to be submitted to the Scottish Parliament
. The petition called for a change to the law that currently disallows two people of the same sex from getting married, by amending the Marriage (Scotland) Act 1977. The petition also calls for allowing same-sex marriage ceremonies to be performed by faith groups, but only if that particular institution gives their consent. As well as political support from the Leader of the Labour Party in the European Parliament
, Glenis Willmott
MEP
and veteran gay rights activist Michael Cashman
MEP, the petition has drawn the signatures and support of Celia Kitzinger and Sue Wilkinson and of eight church leaders, both Anglican and Church of Scotland. The Very Reverend Kelvin Holdsworth
, Provost of the Episcopalian
St Mary's Cathedral
in Glasgow, has often spoken of his willingness and desire to perform valid same sex marriages in his church, and is a key supporter of the petition. It also attracted high profile support from Labour MSP
George Foulkes
. The petition closed on 6 March, having gathered 1007 signatures.
On 17 March, the Petitions Committee unanimously agreed to question the Scottish Government on whether and when it plans to amend the Marriage (Scotland) Act 1977 to allow same sex marriages. They also requested that a reason be provided if an amendment could not be considered.
In March 2009, shortly before submission of the LGBT Network's petition to the Scottish Parliament, NUS Scotland established an Equal Marriage Campaign, launching a similar petition to the Scottish Parliament and calling for the amendment of legislation to allow same-sex marriage and mixed-sex civil partnerships in Scotland, although the petition itself did not distinguish between civil and religious marriage. This campaign has attracted the support of a number of MSPs and MEPs, as well as activist organisations and individuals. The petition closed on 1 September 2009, having gathered 1317 signatures.
On 8 September the Petitions Committee convened after a summer recess, in the meeting they agreed to write back to the Scottish Government seeking responses to specific points raised in both petitions and the discussion.
On 1 December 2009, the Petitions Committee agreed to write to the Government seeking a meeting between a minister and the petitioners, as well as enquiring as to whether the Government would consider setting up an advisory committee of interested parties. The government rejected the petition, as legalising same-sex marriage in Scotland only would require changes in non-devolved matters such as areas in immigration, pensions and inheritance law and would have to be done at the national level. The head of the government's equality unit Hilary Third said that although from an equalities point of view "equal marriage is where we want to be" it would be a "difficult situation" if same-sex marriage was legal in Scotland but not England.
On 2 September 2011 the Scottish government announced a consultation on the issue after the Scottish Social Attitudes Survey
found that 60% of Scots were in favour of a change of the law to allow same-sex marriages in Scotland. The SNP government stated that they tended towards the view that same-sex marriage should be introduced, but that no religious group would be compelled to perform same-sex marriages.
removed the restriction on religious bodies blessing same-sex unions, but was not implemented on commencement of the bill. Liberal Democrat minister for Equalities Lynne Featherstone
announced in February 2011 that the amendment would be implemented along with other reforms to marriage law and LGBT equality, including allowing night-time marriages and deleting old convictions for sodomy
under the Protection of Freedoms Bill 2011
. Featherstone also announced a consultation on marriage laws with the intention of allowing any couple access to either marriage or civil partnerships. On 16 September 2011, the Government announced plans to start a consultation on same-sex civil marriage, with the remit of the consultation to be to examine how this can be introduced, rather than whether it should be introduced. Following this consultation, the government intends for same-sex civil marriage to be legal in the United Kingdom by the next general election
.
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
is not currently legal in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Marriage laws vary in the countries of the UK, however they all currently prohibit marriages between same-sex couples. Since 2005, same-sex couples are allowed to enter into civil partnerships, a separate union which provides the legal consequences of marriage. In 2006 the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
rejected a legal bid by a British lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
couple who had married
Same-sex marriage in Canada
On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition...
in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
to have their union recognised as a marriage in the UK and not as a civil partnership.
On 21 September 2010, the Liberal Democrats
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
, the junior member in the governing coalition
Cameron Ministry
David Cameron is Prime Minister of the United Kingdom, after being invited by Queen Elizabeth II to form a new government after the resignation as Prime Minister of Gordon Brown on 11 May 2010. Leading a coalition government formed by the Conservative Party and the Liberal Democrats, the coalition...
, became the first major political party to formally endorse same-sex marriage, when the party's conference in Liverpool
Liverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...
approved a policy motion "Equal Marriage in the United Kingdom". In February 2011 the government expressed its intention to begin a consultation to allow both religious same-sex ceremonies and civil marriage for same-sex couples. In September 2011, the Government announced its intention to introduce same-sex civil marriage by the next general election
Next United Kingdom general election
The United Kingdom general election of 2010 was held on Thursday 6 May 2010 to elect members to the House of Commons. The election took place in 650 constituencies across the United Kingdom under the first-past-the-post system. None of the parties achieved the 326 seats needed for an overall majority...
.
Marriage laws
In 1971 the Nullity of Marriage ActNullity of Marriage Act 1971
The Nullity of Marriage Act 1971 was the first time in British law that marriage was defined as being between a male and a female. A marriage could therefore be annulled if the partners were not respectively male and female....
was passed, explicitly banning marriages between same-sex couples in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. This act was later replaced by the currently in-force Matrimonial Causes Act 1973 which also declared that a marriage is void if the parties are not respectively male and female.
Prohibition of same-sex marriages was also included in the marriage legislation of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. The Marriage (Scotland) Act 1977 and the Marriage (Northern Ireland) Order 2003 both state there is a legal impediment to marriage if the parties are of the same sex.
Civil partnerships
In 2004 the Civil Partnership ActCivil Partnership Act 2004
The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom. The Bill for this Act was introduced by the Labour government and supported by the Conservative and Liberal Democrat opposition. The Act grants civil partnerships in the United Kingdom with rights and...
was passed and came into effect in December 2005. It created civil partnerships, which gave same-sex couples who entered into them the same rights and responsibilities of marriage. These partnerships were called 'gay marriage' by some of the British media, however the government made clear that they were not marriage.
Wilkinson v Kitzinger
On 26 August 2003, Celia Kitzinger and Sue Wilkinson, both British university professors, legally married
Same-sex marriage in British Columbia
Same-sex marriage in British Columbia became legal on July 8, 2003, becoming the second region in Canada to legalize same-sex marriage, behind Ontario, after a series of court rulings which ultimately landed in favour of same-sex couples seeking marriage licenses.Canada became the fourth country in...
in British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, however on their return their marriage was not recognised under British law. Under the subsequent Civil Partnership Act, it was instead converted into a civil partnership.
The couple sued for recognition of their marriage, arguing that it was legal in the country in which it was executed and met the requirements for recognition of overseas marriages and should thus be treated in the same way as one between opposite-sex couples. They rejected the conversion of their marriage into a civil partnership believing it to be both practically and symbolically a lesser substitute. They were represented by the civil rights group Liberty
Liberty (pressure group)
Liberty is a pressure group based in the United Kingdom. Its formal name is the National Council for Civil Liberties . Founded in 1934 by Ronald Kidd and Sylvia Crowther-Smith , the group campaigns to protect civil liberties and promote human rights...
. The group's legal director James Welch said it was a matter of fairness and equality for the couple's marriage to be recognised and that they "shouldn't have to settle for the second-best option of a civil partnership.”
The High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
announced its judgement on 31 July 2006, ruling that their union would not be granted marriage status and would continue to be recognised in England and Wales as a civil partnership. The President of the Family Division, Sir Mark Potter
Mark Potter (judge)
Sir Mark Howard Potter PC is an English judge who was President of the Family Division and Head of Family Justice for England and Wales from 7 April 2005 to 5 April 2010.-Education:...
, gave as his reason that "abiding single sex relationships are in no way inferior, nor does English Law suggest that they are by according them recognition under the name of civil partnership", and that marriage was an "age-old institution" which, he suggested, was by "longstanding definition and acceptance" a relationship between a man and a woman. He agreed with the couple's claim that they were being discriminated against but argued that this was justified on the grounds of protecting the traditional definition of marriage. The government sought £25,000 in legal costs from the couple which the High Court ordered them to pay.
Wilkinson and Kitzinger said they were "deeply disappointed" with the judgement, not just for themselves, but for "lesbian and gay families across the nation." They said that "denying our marriage does nothing to protect heterosexual marriage, it simply upholds discrimination and inequality" and also said that the ruling insulted LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
people and treats their relationships as inferior to heterosexual ones; not worthy of marriage but only of an "expressly different, and entirely separate institution." They said however that they believed the judgement "won't stand the test of time" and that they looked forward to the day when "there is full equality in marriage." They had originally announced their intention to appeal the decision but later abandoned it due to lack of funds.
Gay rights campaigner Peter Tatchell
Peter Tatchell
Peter Gary Tatchell is an Australian-born British political campaigner best known for his work with LGBT social movements...
said that the government's aggressive opposition to same-sex marriage and their successful demand of £25,000 from the couple damaged their "gay-friendly credentials". He also claimed that the demand in legal costs was designed to financially damage the couple so they would not be able to appeal. He said he was "angry but not downcast" about the ruling and that this was only a temporary setback in the "long struggle for marriage equality."
Political Parties
During the run-up to the 2010 general election, then Shadow Chancellor of the ExchequerShadow Chancellor of the Exchequer
The Shadow Chancellor of the Exchequer in the British Parliamentary system is the member of the Shadow Cabinet who is responsible for shadowing the Chancellor of the Exchequer. The title is in the gift of the Leader of the Opposition but is informal. The Shadow Chancellor has no constitutional...
, George Osborne
George Osborne
George Gideon Oliver Osborne, MP is a British Conservative politician. He is the Chancellor of the Exchequer of the United Kingdom, a role to which he was appointed in May 2010, and has been the Member of Parliament for Tatton since 2001.Osborne is part of the old Anglo-Irish aristocracy, known in...
said that a Conservative government would be happy to "consider the case" for ending the ban on gay marriage. Although he was criticised for not making any specific promises. On 4 May 2010 the party published a "Contract for Equalities" which said it would 'consider' recognising civil partnerships as marriage if elected.
In April 2010 Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
Minister for Equality Harriet Harman
Harriet Harman
Harriet Ruth Harman QC is a British Labour Party politician, who is the Member of Parliament for Camberwell and Peckham, and was MP for the predecessorPeckham constituency from 1982 to 1997...
when asked about same-sex marriage said the issue was a "developing area" and that the government still had a long way to go with what it had done with gay rights. Then Prime Minister Gordon Brown
Gordon Brown
James Gordon Brown is a British Labour Party politician who was the Prime Minister of the United Kingdom and Leader of the Labour Party from 2007 until 2010. He previously served as Chancellor of the Exchequer in the Labour Government from 1997 to 2007...
said the government did not allow same-sex marriage because it was "intimately bound up with questions of religious freedom".
During the Labour leadership election campaign over the summer of 2010, each of the Labour candidates expressed their support for reform to lead to the recognition of gay marriage and following Ed Miliband's victory it became Labour party policy. On 17 February 2011, Labour leader Ed Milliband reiterated his desire to see gay marriage and called for more progress saying, "Five years on from the first civil partnership it is right that we look at extending marriage equality for those people who want it."
The leader of the Liberal Democrats
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
, Nick Clegg
Nick Clegg
Nicholas William Peter "Nick" Clegg is a British Liberal Democrat politician who is currently the Deputy Prime Minister, Lord President of the Council and Minister for Constitutional and Political Reform in the coalition government of which David Cameron is the Prime Minister...
supports same-sex marriage and has stated that his party backs its legalisation. On 4 July 2009 in an article for LabourList
LabourList
LabourList is a British aggregated weblog supportive of, but independent of, the Labour Party. Launched in January 2009, the site overcame its founding editor's involvement in the so-called "smeargate scandal" to become one of the most popular and influential political websites in Britain with...
, Clegg wrote that "although civil partnerships have been a step forward, until same sex marriage is permitted it is impossible to claim gay and straight couples are treated equally." Following this, the party's LGBT equality body DELGA
Delga
LGBT+ Liberal Democrats is the lesbian, gay, bisexual, transgender and gender & sexuality minorities equality group of the Liberal Democrats. DELGA was the original name when the organisation was formed...
launched a petition "Marriage Without Borders" calling for all gender restrictions on marriage and civil partnerships to be lifted, and for same-sex relationships to be recognised across Europe and internationally. The petition was run at Manchester Pride
Manchester Pride
Manchester Pride is the current name of the annual Gay Pride festival held in the city of Manchester in the North West of England in the United Kingdom....
and Reading Pride
Reading Pride
Reading Pride is an annual gay event held at Reading, Berkshire, England, that services the lesbian, gay, bisexual and transgender communities of Reading and the Thames Valley.- History :...
in 2009, and launched online in January 2010 following an interview with Clegg in Attitude Magazine
Attitude (magazine)
Attitude is a British gay lifestyle magazine owned by Vitality Publishing. It is sold worldwide as a physical magazine and a digital download for the iPad and iPhone via the App Store. The first issue appeared in May 1994....
in which he reaffirmed his commitment to equal marriage. However this did not make it into the party's manifesto. In an interview in July 2010 Lib Dem deputy party leader Simon Hughes confirmed that the coalition government plans to open marriage to same sex couples, saying, "It would be appropriate in Britain in 2010, 2011, for there to be the ability for civil marriage for straight people and gay people equally... The state ought to give equality. We’re halfway there. I think we ought to be able to get there in this parliament".
In 2010, at their spring conference the Scottish Liberal Democrats
Scottish Liberal Democrats
The Scottish Liberal Democrats are one of the three state parties within the federal Liberal Democrats; the others being the Welsh Liberal Democrats and the Liberal Democrats in England...
passed a motion calling on the Scottish Government to allow gay couples to marry, describing the exclusion of same-sex couples from marriage as a "discrimination that needs to end". In September 2010, during their autumn conference, the Liberal Democrats voted to make marriage equality a party policy at the Westminster
Westminster
Westminster is an area of central London, within the City of Westminster, England. It lies on the north bank of the River Thames, southwest of the City of London and southwest of Charing Cross...
level.
The Green Party
Green Party of England and Wales
The Green Party of England and Wales is a political party in England and Wales which follows the traditions of Green politics and maintains a strong commitment to social progressivism. It is the largest Green party in the United Kingdom, containing within it various regional divisions including...
supports allowing same-sex couples to marry. On 22 May 2009 they called for an end to the ban on civil marriage
Civil marriage
Civil marriage is marriage performed by a government official and not a religious organization.-History:Every country maintaining a population registry of its residents keeps track of marital status, and most countries believe that it is their responsibility to register married couples. Most...
s between same-sex couples in Britain and in other EU
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
member states. Party leader Caroline Lucas
Caroline Lucas
Caroline Patricia Lucas is a British politician. Lucas is the leader of the Green Party of England and Wales, and the Green Party's first and only Member of Parliament in the House of Commons of the United Kingdom...
said the party wants marriage equality for same-sex couples and that married gay couples who travel throughout Europe should be able to have their relationship recognised on the same basis as married heterosexual couples. Peter Tatchell, who was the party's candidate for Oxford East
Oxford East
Oxford East is a borough constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election...
at the time, said there is a "confusing patchwork" of different partnership laws throughout Europe and that "for a majority of lesbian and gay couples their legal rights stop at their own borders". He said, the "best and most universally recognised system of partnership" is civil marriage and, "anything less is second class and discrimination".
Religious bodies
At their Yearly MeetingBritain Yearly Meeting
The Yearly Meeting of the Religious Society of Friends in Britain, also known as Britain Yearly Meeting , is a religious organisation in England, Scotland, Wales, the Channel Islands and the Isle of Man, often defined as a denomination of Christianity.It is a part of the international religious...
in 2009, the Quakers decided to recognise opposite-sex and same-sex marriages equally and perform marriage ceremonies for same-sex couples, making them the first mainstream religious body in Britain to do so. Under the current law registrars are not allowed to legally officiate a marriage between same-sex couples but the Quakers stated that the law does not preclude them from "playing a central role in the celebration and recording of same-sex marriages” and asked the government to change the law so that these marriages would be recognised.
Public opinion
Opinion polls have shown varying, but increasing, levels of support for same-sex marriage among Britons.A 2004 poll by Gallup
The Gallup Organization
The Gallup Organization, is primarily a research-based performance-management consulting company. Some of Gallup's key practice areas are - Employee Engagement, Customer Engagement and Well-Being. Gallup has over 40 offices in 27 countries. World headquarters are in Washington, D.C. Operational...
reported that 52% agreed that 'marriages between homosexuals' should be recognised while 45% said they should not. Support for same-sex marriage among British respondents was 1% higher than Canadians who were asked and 17% higher than Americans. The poll found that 65% supported allowing gay couples to form civil unions. A 2006 Eurobarometer
Eurobarometer
Eurobarometer is a series of surveys regularly performed on behalf of the European Commission since 1973. It produces reports of public opinion of certain issues relating to the European Union across the member states...
survey reported that 46% of Britons agreed the same-sex marriages should be allowed throughout Europe, support being slightly higher than the EU
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
average of 44%. A poll conducted in September 2008 by ICM Research for The Observer
The Observer
The Observer is a British newspaper, published on Sundays. In the same place on the political spectrum as its daily sister paper The Guardian, which acquired it in 1993, it takes a liberal or social democratic line on most issues. It is the world's oldest Sunday newspaper.-Origins:The first issue,...
found that 55% of Britons believed that same-sex couples should be allowed to get married while 45% disagreed.
An opinion poll conducted in June 2009 by Populus
Populus Ltd
Populus is a market research company in the United Kingdom formed in 2003. Populus co-founded the British Polling Council in 2004 and regularly publishes opinion polls on voting intention and as well as other political and commercial issues. Clients have included national brands such as the AA and...
for The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
reported 61% of the British public agreed with the statement 'Gay couples should have an equal right to get married, not just to have civil partnerships', while 33% disagreed. Support was highest among those aged between 25 and 34 where 78% agreed and 19% disagreed. It was lowest amongst those over 65 where 37% agreed and 52% disagreed. A majority of both men and women agreed but support was higher among women (67%) than men (55%). On voting intention, 73% Liberal Democrats, 64% Labour voters and 53% Conservatives agreed that gay couples should have the right to marry.
A poll conducted by Angus Reid in July 2010 showed that 78% of people supported either same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
or civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
for gay couples, with 41% opting for same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
and 37% opting for civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
. The amount of people who supported no legal unions for gay couples decreased by 3% since August 2009.
According to the 2010 Scottish Social Attitudes Survey
Scottish Social Attitudes Survey
The Scottish Social Attitudes Survey, started in 1999, is an annual survey of public opinion in Scotland, funded by the public purse.Conducted by the Scottish branch of the National Centre for Social Research, in conjunction with the Unit for the Study of Government in Scotland at the University of...
, 61 per cent of Scotland's population supports same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
. Just 19 per cent said they disagreed, while 18 per cent said they neither agreed nor disagreed. In a similar poll in 2002, 42% of Scotland's population supported same-sex marriage. In 2006, 53% of Scots backed same-sex marriage.
In July 2011, a representative survey conducted by Angus Reid Public Opinion
Angus Reid Public Opinion
Angus Reid Public Opinion is an international public affairs practice. It was established in 2006 under the name Angus Reid Strategies by Dr Angus Reid, a Canadian sociologist who founded his first research company in 1979. Reid sold the Angus Reid Group to Paris-based Ipsos SA in 2000...
showed that 43 per cent of Britons believe same-sex couples in the UK should be allowed to legally marry, 34 per cent think same-sex couples should be allowed to form civil partnerships, but not marry, and 15 per cent would grant no legal recognition to same-sex couples.
Scottish campaign
In January 2009, a petition was drawn up by Nick HendersonNick Henderson
Nick Henderson is the Director of the LGBT Network, Co founder and project co-ordinator of Youth End Poverty Dundee,. Henderson was runner up in the Arnold Kemp Young Scot of the Year awards in January 2008 for his work with the Scottish Youth Parliament and Oxfam peer education project Roars not...
, director of gay rights group the LGBT Network
LGBT Network
The LGBT Network is a gay rights charity based in Scotland and is a registered charity with the Office of the Scottish Charity Regulator.The LGBT Network was founded as a not for profit organisation in April 2008 and operates throughout...
, to be submitted to the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
. The petition called for a change to the law that currently disallows two people of the same sex from getting married, by amending the Marriage (Scotland) Act 1977. The petition also calls for allowing same-sex marriage ceremonies to be performed by faith groups, but only if that particular institution gives their consent. As well as political support from the Leader of the Labour Party in the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
, Glenis Willmott
Glenis Willmott
Glenis Willmott is a British politician, currently leader of the European Parliamentary Labour Party and Labour member of the European Parliament for East Midlands....
MEP
Member of the European Parliament
A Member of the European Parliament is a person who has been elected to the European Parliament. The name of MEPs differ in different languages, with terms such as europarliamentarian or eurodeputy being common in Romance language-speaking areas.When the European Parliament was first established,...
and veteran gay rights activist Michael Cashman
Michael Cashman
Michael Maurice Cashman is a British former actor, now a Labour politician. He has been a Member of the European Parliament for the West Midlands constituency since 1999.- Acting :...
MEP, the petition has drawn the signatures and support of Celia Kitzinger and Sue Wilkinson and of eight church leaders, both Anglican and Church of Scotland. The Very Reverend Kelvin Holdsworth
Kelvin Holdsworth
The Very Rev Kelvin Holdsworth is a clergyman of the Scottish Episcopal Church, in which he serves as Rector and Provost of the Cathedral Church of St Mary the Virgin, Glasgow.-Religious life:...
, Provost of the Episcopalian
Scottish Episcopal Church
The Scottish Episcopal Church is a Christian church in Scotland, consisting of seven dioceses. Since the 17th century, it has had an identity distinct from the presbyterian Church of Scotland....
St Mary's Cathedral
St. Mary's Cathedral, Glasgow
The Cathedral Church of St Mary the Virgin is a cathedral of the Scottish Episcopal Church. It is located on the Great Western Road, in the west end of Glasgow, Scotland. The current building was opened on 9 November 1871 as St Mary's Episcopal Church and was completed in 1893 when the spire was...
in Glasgow, has often spoken of his willingness and desire to perform valid same sex marriages in his church, and is a key supporter of the petition. It also attracted high profile support from Labour MSP
Member of the Scottish Parliament
Member of the Scottish Parliament is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament.-Methods of Election:MSPs are elected in one of two ways:...
George Foulkes
George Foulkes, Baron Foulkes of Cumnock
George Foulkes, Baron Foulkes of Cumnock, PC is a British Labour Party life peer. He has been a member of the House of Commons, the House of Lords and the Scottish Parliament...
. The petition closed on 6 March, having gathered 1007 signatures.
On 17 March, the Petitions Committee unanimously agreed to question the Scottish Government on whether and when it plans to amend the Marriage (Scotland) Act 1977 to allow same sex marriages. They also requested that a reason be provided if an amendment could not be considered.
In March 2009, shortly before submission of the LGBT Network's petition to the Scottish Parliament, NUS Scotland established an Equal Marriage Campaign, launching a similar petition to the Scottish Parliament and calling for the amendment of legislation to allow same-sex marriage and mixed-sex civil partnerships in Scotland, although the petition itself did not distinguish between civil and religious marriage. This campaign has attracted the support of a number of MSPs and MEPs, as well as activist organisations and individuals. The petition closed on 1 September 2009, having gathered 1317 signatures.
On 8 September the Petitions Committee convened after a summer recess, in the meeting they agreed to write back to the Scottish Government seeking responses to specific points raised in both petitions and the discussion.
On 1 December 2009, the Petitions Committee agreed to write to the Government seeking a meeting between a minister and the petitioners, as well as enquiring as to whether the Government would consider setting up an advisory committee of interested parties. The government rejected the petition, as legalising same-sex marriage in Scotland only would require changes in non-devolved matters such as areas in immigration, pensions and inheritance law and would have to be done at the national level. The head of the government's equality unit Hilary Third said that although from an equalities point of view "equal marriage is where we want to be" it would be a "difficult situation" if same-sex marriage was legal in Scotland but not England.
On 2 September 2011 the Scottish government announced a consultation on the issue after the Scottish Social Attitudes Survey
Scottish Social Attitudes Survey
The Scottish Social Attitudes Survey, started in 1999, is an annual survey of public opinion in Scotland, funded by the public purse.Conducted by the Scottish branch of the National Centre for Social Research, in conjunction with the Unit for the Study of Government in Scotland at the University of...
found that 60% of Scots were in favour of a change of the law to allow same-sex marriages in Scotland. The SNP government stated that they tended towards the view that same-sex marriage should be introduced, but that no religious group would be compelled to perform same-sex marriages.
Recent developments
An amendment to the Equality Act 2010 tabled by Labour peer Lord AlliWaheed Alli, Baron Alli
Waheed Alli, Baron Alli is a British multimillionaire media entrepreneur and politician. He was co-founder and managing director of Planet 24, a TV production company, and managing director at Carlton Television Productions...
removed the restriction on religious bodies blessing same-sex unions, but was not implemented on commencement of the bill. Liberal Democrat minister for Equalities Lynne Featherstone
Lynne Featherstone
Lynne Choona Featherstone , is a British Liberal Democrat politician, and the Member of Parliament for Hornsey and Wood Green....
announced in February 2011 that the amendment would be implemented along with other reforms to marriage law and LGBT equality, including allowing night-time marriages and deleting old convictions for sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
under the Protection of Freedoms Bill 2011
Protection of Freedoms Bill 2011
The Protection of Freedoms Bill is a parliamentary bill before the British House of Commons introduced in February 2011, by Home Secretary, Theresa May.The Bill is sponsored by the Home Office...
. Featherstone also announced a consultation on marriage laws with the intention of allowing any couple access to either marriage or civil partnerships. On 16 September 2011, the Government announced plans to start a consultation on same-sex civil marriage, with the remit of the consultation to be to examine how this can be introduced, rather than whether it should be introduced. Following this consultation, the government intends for same-sex civil marriage to be legal in the United Kingdom by the next general election
Next United Kingdom general election
The United Kingdom general election of 2010 was held on Thursday 6 May 2010 to elect members to the House of Commons. The election took place in 650 constituencies across the United Kingdom under the first-past-the-post system. None of the parties achieved the 326 seats needed for an overall majority...
.
See also
- LGBT rights in the United Kingdom
- Recognition of same-sex unions in Europe
- Civil partnership in the United Kingdom