« Previous | Contents | Next »
Listen
The consultation on Civil Partnership Registration: analysis of the responses
PART 1: CIVIL PARTNERSHIPS IN PRINCIPLE
The first part of this report is concerned with issues of principle. It is presented in two chapters:
- Chapter 3. Agreement in principle
- Chapter 4. Marriage and civil partnership.
The next chapter, considering agreement in principle, mainly consists of answers to question 1, though because the arguments in response to that question have been arranged thematically, several arguments have been brought together with other related points later in the report. The second chapter is mainly composed of responses to questions 1, 8 and 9, which addressed the relationship between civil partnership registration and marriage.
CHAPTER 3: AGREEMENT IN PRINCIPLE
Question 1: We propose that Scottish same-sex couples should be able to register their partnership in order to trigger access to a comprehensive package of rights and responsibilities in both reserved and devolved areas. (paragraphs 3.1 to 3.11)
3.1 This is a many-faceted question. It asks about a principle, and about what should be delivered. Respondents picked up on many possible issues. In this section, we have collated general statements of principle. Specific comments on, amongst other points, the focus on "Scottish" couples, confining partnerships to same sex relationships or the distinction between reserved and devolved areas, have been collated with related material in other sections.
3.2 Most respondents were in agreement with the general principle of civil partnership registration. If general expressions of support or disapproval are taken into account, 279 respondents expressed approval, 26 disapproval, and 7 approval in part, with 3 saying they did not know and 8 giving no identifiable response. This indicates general approval by 89% of respondents giving an identifiable response.
EQUALITY
3.3 The central principle for many of the supporters was a belief in equality. This position was taken, amongst others, by the Equal Opportunities Committee of the Scottish Parliament, several local authorities and LGBT organisations. "Equality" is understood in two main senses: parity of esteem, and the reduction of disadvantage.
Parity of esteem
3.4 The change in the law was seen by both supporters and opponents as a means of legitimating the status of gay and lesbian relationships. The Equal Opportunities Committee argued that the legal position was closely related to negative public attitudes toward lesbian, gay and bisexual people. They cite a submission from Stonewall: "Although we still need to recognise that social attitudes take a little bit of time to catch up, legislation is without doubt the gateway to social change."
Changing the law won't immediately stop prejudice and unkindness, but it will at least take the unfairness and fear out of this particular aspect of our lives, and, like all such legislation, will eventually help to change the attitudes of the wider community. (Individual response)
The Committee recommends that the Scottish Executive emphasise the positive message given by the proposals to allow same-sex couples to register their partnerships as part of its wider strategy on mainstreaming equality and combating discrimination. (Equal Opportunities Committee)
3.5 Some respondents were opposed to the expression of gay and lesbian sexuality, and consequently opposed civil partnerships as a way of legitimating such activity. Some of this opposition was expressed by religious organizations.
We see it as our Christian and human duty to treat such individuals exactly the same as other men and women. We oppose any discrimination against them and encourage all our people to love, cherish and support such individuals fully. Such support would include encouraging them not to indulge in homosexual practice. (Religious organization)
3.6 However, religious views were not the only source of objections.
Few people are in favour of giving homosexuals marriage rights. The minority, of whom the "gay" people truly are, are very vociferous and get far too much attention. (Individual response)
3.7 Equally, several submissions supported the principle of equality from a religious viewpoint.
Jesus, in his ministry, quite clearly offered dignity, compassion and acceptance to many who were formerly outcasts in society and therefore denied basic rights. Some Christians argue that this supports these proposals because their intent is to correct injustices perpetrated towards homosexuals. They will help eliminate prejudice and injustice and be for the ultimate health of society. Very few of us would deny these rights and responsibilities to any adult living in any kind of stable, loving and committed relationship. (Religious organization)
3.8 Religious organisations were divided about the proposals, with 11 supporting the first proposition, and 7 opposing.
The reduction of disadvantage
3.9 Many respondents emphasised the disadvantages experienced by couples in same sex relationships.
Few people realize how the current legal framework punishes same-sex couples across a wide range of issues in terms of inheritance, bereavement, healthcare, property ownership, maintenance, pension, insurance, personal injury etc. which the proposed scheme would deal with comprehensively. (Individual response)
The opportunity for my partner and myself to have legal recognition for our relationship will be important for many reasons. There are practical reasons of inheritance, pension and involvement in aspects of the other's health in later life and eventual burial. There are equality reasons which mean that at last our relationship will have a validity in law which is equivalent to that of heterosexual couples who have the option to become married. (Individual response)
3.10 The concept of "equality" refers primarily to the removal of disadvantage. Equal treatment is not uniform treatment: it is treatment without bias, prejudice or stigma. 4
Our focus is to address the disadvantage faced by same sex couples and ensure legal recognition of those relationships. Whilst achieving equality is not necessarily about treating everyone the same - rather it is about ensuring equal outcomes in a way appropriate to those affected - it is important to ensure that the status of civil partnership is given due recognition and is not allowed to be sidelined as a 'second class' option. (LGBT organization)
The Royal College of Nursing welcomes and supports proposals by Government that aim to give equality to all people, and, at the same time, that removes stigma and prejudice, whilst outlawing hatred and discrimination. These rights are currently lacking in relation to people with non-heterosexual orientations and, in particular, in the associated partnership status and recognition for lesbian and gay people. To this end, the proposed legislation for 'Civil Partnership' is a significant contribution towards a fairer and more just society. (Royal College of Nursing)
PROMOTING STABLE RELATIONSHIPS
3.11 The other main argument given in favour of the proposal was that it would recognise and promote long-term, stable relationships.
It is very important that same-sex couples should have access to a package of rights and benefits that demonstrate the importance of committed relationships in society as a whole. (LGBT organization)
I would like to express my love and devotion to a partner as much as a heterosexual couple would. I would like the same commitment and rights as I am just as much an integral part of society. (Individual response)
THE LIMITATIONS OF THE PROPOSAL
3.12 Supporters of the principle saw the measure as overdue. Many stressed the urgency of the proposals, in response to this and later questions.
The need for change is long overdue. Governments have for long enough been well aware that the discrimination is unacceptable and frankly, something should have been done about it - on all levels - many years ago. (Individual response)
3.13 At the same time, some supporters of the principle felt that the measures did not go far enough towards equality. It is unlikely that the qualified nature of civil partnership registration will be considered sufficient by lesbian, gay, bisexual and transgender supporters.
We all felt that law reform in this area was long overdue and highly welcome the consultation and proposals to date. The general feeling was that these proposals should be supported as far as they go, but merely as the beginnings of reform of marital law and not the end of it. (LGBT organization)
These proposals are cowardly and feeble. Anything less than full and equal access to civil marriage is an insult to all gay men and lesbians in the U.K. (Individual response)
« Previous | Contents | Next »