The Null Device

2013/2/6

The House of Commons voted today to legalise same-sex marriage in England and Wales; the bill passed by 400 votes for to 175 against. About a third of Conservatives voted for it, with slightly more voting against and the rest abstaining; a handful of Labour and Liberal Democrat MPs voted against it, though most voted in favour. (Aside: according to accounts of the session, there are surprisingly many openly gay Tory MPs in Britain, a sign that the country has moved on since Tory electoral materials openly carried homophobic dog whistles and Thatcher tried to push through Section 28.)

The bill now needs to pass through the House of Lords; in theory, this should not be too much of a problem for a bill with this degree of support. Assuming it makes it through, it will become law and gay couples will be able to marry and have equal status to opposite-sex married couples.

The public acceptance of homosexuality has been one of the greatest social changes of the past half-century. It is scarcely to be believed that there are still men alive who went to prison for practising it. The real breakthrough may come only when gay people cease to demand the exceptionalism of a "victimised" group, when they can shrug off the intolerance of a few, having won the acceptance of the many.
A few residual anomalies will remain, however: it will be impossible for a same-sex couple to claim adultery as grounds for divorce, as adultery remains defined as an opposite-sex act (illicit hanky-panky with one of one's own sex falls under “unreasonable behaviour”, and barring a change in the law, will continue to do so even when one's spouse is of one's own sex), and nor is there any legal definition of non-consummation of a same-sex marriage. Also, while same-sex couples can marry, opposite-sex couples who dislike the idea of marriage still may not obtain civil partnerships, though those remain on the table for same-sex couples. What eventually happens to these anomalies remains to be seen.

Meanwhile in Australia, not only is there still bipartisan opposition to gay marriage in parliament, but the nominally progressive government is moving to allow religious groups broad exemptions from anti-discrimination laws, for example allowing Catholic hospitals to fire employees who are gay or have children outside of a marriage.

australia gay human rights law marriage politics progress uk 0