Civil Union


15
Feb 11

WHY THE “MARRIAGE” WORD MATTERS

Why Marriage Matters

Sorry to recycle again, but this is a worthy follow up to the question, “are civil unions worse than nothing?”, by a married lesbian in limbo (Jane Rigby Silver Spring), in the Washington Post this week.

My favourite point: “Marriage matters, because marriage is how society decides whose relationships matter, and whose don’t. No matter what, gay people will fall in love and make homes together, as we always have. Marriage equality is about whether straight people are going to recognize those relationships. It’s how they decide who’s family.”


14
Feb 11

CIVIL UNIONS: WORSE THAN NOTHING?

I am not sure we could say that civil unions in and of themselves are a backward step, but that is indeed what is argued in this piece from Noah Baron in the Huffington Post. I get that back civil unions is usually a cop out that lets people off the hook from arguing for or implementing full equality. In that sense they can be a strategic wrecking ball and an annoying halfway house. But we can’t just dismiss civil unions. Why? Some people don’t want to marry, but do want a legal security and a form of recognition. As long as they also actively support my right to marry – let them be civilly united.


28
Jan 11

FRENCH COURTS PUSHES MARRIAGE BACK INTO THE HANDS OF PARLIAMENT

France will maintain its ban on gay marriage after the constitutional court ruled that a lesbian couple with four children do not have the right to marry.

The ruling comes on the same day that a TNS Sofres opinion poll found 58 percent of French people questioned were in favour of gay marriage.

Essentially the court said that parliament should decide if the ban should be overturned, and not the constitutional authority.

“Marriage is the only solution in terms of protecting our children, sharing parental authority, settling inheritance problems and eventual custody if one of us were to die,“  Corinne Cestino and Sophie Hasslauer told AFP before the ruling.

President Nicolas Sarkozy opposed gay marriage, while the opposition Socialists support it. The couple already have a low-level civil union known as a ‘PACS’ in France. w


16
Jan 11

GAY GAINS IN IRELAND

Senator David Norris

Senator David Norris

Two great pieces of news out of Ireland in recent days:

1. The country is now recognizing same sex marriages performed in other European Union (EU) countries, though bizarrely they seem to claim to be doing is by according civil partnership rights to such couples (why? Smells of separatism to me)

2. The new leading candidate to be the next Irish President is the gay man who forced Ireland to decriminalize gay sex in the first place in 1998. Irish Senator David Norris leads the pack by a resounding margin. Norris, 66, is favored by 27 percent of voters, followed by Member of the European Parliament Mairead McGuinness at 13 percent.


5
Dec 10

20 TIMES MORE WEDDINGS THAN DIVORCES IN UK

Caroline, Jack and Linzi Robertson

Caroline, Jack and Linzi Robertson

This is quite an interesting article from a Scottish newspaper. Shows that wedding rates are down, and divorce (dissolution) rates are up on the 5th anniversary of the UK’s civil partnership legislation.

The divorce is still much lower than for straight couples. There are 20 times more weddings than divorces each year.


3
Dec 10

HUNGARY MOVES TO BAN GAY MARRIAGE

It is predictable given the scary, winking at fascism, government in Hungary at the moment … but Hungary’s efforts to constitutionally ban gay marriage still feel like a time warp.

This is precisely the sort of thing that EU membership is supposed to effectively ban. And it is also precisely the sort of active discrimination that allowed Judge Vaughn Walker in California to rule Proposition 8 unconstitutional.

So how did this happen?  Two years ago, under a social democratic government it was a different story. Then the government actually contemplated full marriage equality. In the end they stepped back  and offered only a limited, yet still formal, relationship recognition, much like the French PACS system. (For example recognised rights include: hospital visitation, access to medical information, right to make decision about the deceased partners’ funeral, widow’s pension, immigration rights).

According to polls there is 60% support for these rights, while only 30-35% support full equality. The only attempt to introduce a marriage equality law was defeated in 2002 without debate.

The new right-wing Government led by Viktor Orban swept into power this year with huge majorities. By commanding more than two-thirds of the votes in Parliament they are effectively able to change the constitution at will.   So they is exactly what they have done: strip the constitutional court of most of its powers to rule on tax and state budget issues; order the media to censor converage of certain topics like sex and alcohol, and appoint important officials for exceptionally long nine0year terms.

Now it is the turn of women and the gays, with anti-abortion and anti-gay marriage articles forseen to be added to the Constitution.

This could turn out to be very embarrassing for the European Union – their rotating presidency is passing to the Hungarians in four weeks time.  Watch out for some fights.


20
Nov 10

FINISHING THE FRENCH REVOLUTION?

The French Revolution famously called for “liberte, egalite, fraternite” .. but the egalite (equality) has been a long time coming.

France does have a weak kind of civil unions system for gay relationships (the pacte civil de solidarité, or PACS). Better than nothing. And yet it is rather like responding to Marie Antoinette saying “let the eat cake” by offering the gays some low fat muffins instead.

So it is big news that the French Constitutional Court will hear a case by an anonymous gay couple claiming the lack of equal marriage infringes their human rights.

This is where having a French lawyer boyfriend comes in handy … He says this is significant because it marks one of the first examples of French citizens exercising a new right available since March 2010 allowing French citizens and companies to challenge the constitutionality of a given law. In this case it is Articles 75 and 144 of the Civil Code under challenge (that is, the famous Napoleonic Code) because they restrict the “personal freedom” of French citizens to marry the person of their choice.

The case has been decided to have merit by the lower Court of Cassation (supreme court over civil and criminal courts), and it is now with the highest possible court. It is however a conservative court at the moment, with a nearly all male membership including two former right-wing Presidents (Chirac and d’Estaing).

The couple taking the case to the court is from the Champagne region – which should make for a great party if they court lets them eat cake.


17
Nov 10

SHOWDOWN: JULIA GILLARD VERSUS PENNY WONG

So now it starts to become clearer. Julia Gillard is the real stumbling block inside the Labor Government, if this story is accurate … and I am betting it is.

In short it shows that Gillard basically wants this risk off the table to preserve her fragile government, betting that equality supporters care less about change than the Christian Right. That’s a big bet. And it’s a stupid one as the last week’s growing momentum for change show. Both supporters of equality and those who dislike Gillard now have the perfect stick to beat her with.

This unlikely alliance of the liberal left and the anti-Gillard right could be the biggest possible bloc of support for equality.   

This story rings true for several reasons … Continue reading →


10
Nov 10

THE TYRANNY OF MARRIAGE

Cartoon by John Crowther

I thought it would be fun for once to publish the arguments against marriage … not the against the right to marriage, but against what the institution sometimes serves up even in 2010.

From the Guardian, and inspired by the UK campaign to make both marriage and civil unions open to all.


5
Nov 10

THE MARRIAGE AND FAMILY ROUNDABOUT

jacqueline tomlins and sarah nichols

Go travelling abroad and it’s a case of now we’re married, now we’re not.

‘FILL out one form per family please, for transit through LAX.”

I roll my eyes at Sarah and take the form from the steward. There’s nothing like international travel for defining who you are: nationality, place of residence, marital status. For most people, ticking these boxes is unproblematic; for us, it’s a different story. ”Family?” I say to the steward. ”We’re a same-sex family – two mums, three kids, married some places, not others – one form or two?”

Read the rest of this great piece from Jacqueline Tomlins in the Sydney Morning Herald here