There has been a great deal of media coverage lately regarding marriage for same sex couples extending from political arguments, to the religious perspective and the position taken by the Law society.
What is the current legal position?
Under current legislation a marriage can only take place between a man and a woman at religious premises through a religious ceremony or at non-religious premises through a civil ceremony.
A civil partnership can only take place between a same-sex couple and can only be carried out through a civil ceremony which can either be conducted at civil premises or religious premises subject to the religious organisation granting permission.
Civil partnership currently allows same-sex couples to show their commitment to one another and also provides protection upon breakdown in the same way as a marriage does for opposite-sex couples, for example, maintenance, pension provision, child maintenance, next of kin and immigration rights.
Many countries including Canada, Spain, Portugal and Iceland already recognise same-sex marriage. Scotland could become the first part of the UK to introduce gay marriage after the SNP government announced plans to make the change. Ministers confirmed they would bring forward a bill on the issue, indicating the earliest ceremonies could take place by the start of 2015.
The religious perspective
From a religious perspective, it seems the Church of England believes that gay marriage could undermine traditional ties between church and state. The reason for that belief is because the Church of England doctrine founded in cannon law, states that marriage is, in its nature, a union of one man and one woman. The Bishops are very concerned that the concepts of non-consummation and adultery for same-sex couples are to be left to the courts to define.
In August a group of leading Anglicans wrote to The Times, saying that the Church of England has ‘nothing to fear’ from gay marriage and that it should be a cause for rejoicing.
Catholic Bishops, the Muslim Council of Great Britain and the United Synagogue are all in opposition. However the Jewish religion is split with the Liberal and Reform Synagogues supporting gay marriage. The head of the Network of Sikh organisations says gay marriage would dilute the definition of marriage in religious scriptures.
The Law Society perspective
Finally, what is the view of the Law Society on gay marriage? The Society agrees with removing the ban on same sex marriages to enable all couples regardless of gender to have a civil marriage ceremony. The current situation prevents equal access to a civil contract for same-sex couples. In the Law Society’s view, it therefore constitutes discrimination based on sexual orientation.
This is an area where there are strong views on both sides. The debate is sure to continue and the UK government will watch with interest the situation in Scotland.
