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By Peter Tatchell, Director, Peter Tatchell Foundation
The Guardian – Comment is Free – London – 2 February 2012
http://www.guardian.co.uk/commentisfree/2012/feb/02/gay-staight-couples-deserve-equality-now
One year ago today, four gay couples and four heterosexual couples, sponsored by the Equal Love - www.equallove.org.uk - campaign, filed a historic joint appeal to the European Court of Human Rights (ECHR).
Their appeal argues that Britain’s twin legal bans on same-sex civil marriages and opposite-sex civil partnerships amount to illegal discrimination, contrary to the European Convention on Human Rights. The bans violate Articles 8, 12 and 14 – respectively the right to privacy and family life, the right to marry and the right to non-discrimination.
The 31-page application, drafted by Robert Wintemute, Professor of Human Rights Law at King’s College London, presents a compelling case. Since there are no significant differences in the rights and responsibilities involved in civil marriages and civil partnerships, there can be no justification for the segregation of gay and straight couples into two mutually exclusive legal systems. It is discrimination based on sexual orientation. For this reason, we are hopeful that when the ECHR eventually delivers a judgement, probably in 2014, it will be in favour of equality.
Soon after the ECHR appeal was filed, the government announced its intention to consult on the issue of same-sex marriage. Mere coincidence? Perhaps. But the government was surely mindful that it will be required to explain to the ECHR its rationale for excluding gay couples from civil marriages and heterosexual couples from civil partnerships. It can now report to the ECHR that it is consulting. This consultation is, however, flawed. It is limited to same-sex marriage.
David Cameron mistakenly calculated that we’ll be satisfied with marriage equality. We won’t. So long as heterosexual couples remain banned from civil partnerships, which is the Prime Minister’s apparent intention, the Equal Love campaign will continue. We believe in straight equality just as passionately as we care about equal rights for lesbians and gay men.
In our estimation, there is a sizeable minority of heterosexual couples who would prefer a civil partnership. They dislike the patriarchal history and language of marriage; viewing civil partnerships as a more modern, egalitarian alternative. In the Netherlands, where civil partnerships are open to both gay and heterosexual couples, two-thirds of civil partners are straight men and women. We could expect a similar take-up by heterosexual couples in Britain, if civil partnerships were open to everyone.
Cameron also miscalculated by ruling out any legalisation of religious same-sex marriages, even by faith organisations, such as the Quakers and Unitarians, who want to conduct them. This is an attack on religious freedom, as well as perpetrating homophobic discrimination. Moreover, given that the government has recently authorised religious same-sex civil partnerships, a continued blanket ban on religious same-sex marriages looks inconsistent and petty.
For all these reasons, the Equal Love campaign is building momentum. The right of gay couples to marry is backed by David Cameron, Ed Miliband, Nick Clegg, Boris Johnson and a growing number of Tory MPs, including Chloe Smith, Mike Weatherley and Margot James.
In 2010, the Green Party national conference was the first to vote to end the twin bans on same-sex civil marriages and opposite-sex civil partnerships. It was followed by the Liberal Democrat and Plaid Cymru conferences. Oddly, the Labour conference has declined to vote on the issue; although the GMB, Unison and all 13 Labour MEPs want the twin bans overturned.
The SNP government in Scotland is leading the way, with its public consultation period already concluded; while David Cameron inexplicably postponed the start of his consultation from last summer to next month.
Some people argue: what’s there to consult about? Homophobic discrimination is wrong and should therefore be abolished pronto. Would the government have a long drawn out consultation about repealing racist laws? I doubt it. It would immediately abolish them on the grounds that they were incompatible with a democratic society. Why should homophobic bans be treated any differently?
The public is on our side. A Populus poll in 2009 found that 61% of the public believe: “Gay couples should have an equal right to get married, not just to have civil partnerships.” Only 33% disagreed. It’s likely that there is similar support for heterosexual civil partnerships.
What’s the government waiting for? The time for equality is now.
- Peter Tatchell is the coordinator of the Equal Love campaign
Links:
Appeal to the European Court of Human Rights
http://www.petertatchell.net/campaigns/Equal%20Love/Equal_Love_ECHR_Application_2_Feb.pdf
European Convention on Human Rights
http://www.echr.coe.int/NR/rdonlyres/D5CC24A7-DC13-4318-B457-5C9014916D7A/0/CONVENTION_ENG_WEB.pdf
Populus poll
http://www.populus.co.uk/uploads/download_pdf-100609-The-Times-The-Times-Gay-Britain-Poll.pdf
- To find out more about the Peter Tatchell Foundation and support its work visit:http://www.PeterTatchellFoundation.org
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At no time do we need our loved ones more than during a medical emergency. We are at our most vulnerable during those critical moments and stories like Janice Langbehn's have raised the national consciousness about this issue. You'll remember that Janice was on vacation in Florida with her partner Lisa Pond and three of their children when Lisa suffered a brain aneurism and was rushed to the hospital. Janice was kept away from Lisa for eight hours while she lay dying. Upon hearing this heartbreaking story, President Obama directed the Department of Health and Human Services to issue regulations barring discrimination in hospital visitation policies. But putting good policy in place is only the first step. That's why our work to improve LGBT Americans' experience in healthcare settings continues. Recently we learned about a story close to DC where a couple was kept apart in the emergency room. In November, Kathryn Wilderotter was admitted to the Washington Adventist Hospital in Takoma Park, Maryland following a car accident. When Linda Cole, her legal spouse and partner of 11 years, arrived, she was not recognized as a family member and denied the right to visit Kathryn. When Kathryn's sister arrived a short time later staff said, "There's family here now. You can go in." Fortunately in this case, Kathryn was okay. Kathryn and Linda contacted HRC for help. We directed them to the appropriate governmental agencies to file complaints, and this week we publicly called on Washington Adventist Hospital to review its policies and practices related to hospital visitation and to participate in the Healthcare Equality Index. Kathryn and Linda's story was quickly picked up by the Washington Post http://action.hrc.org/site/R?i=_-NX7Gf_9bAOV3u_9b9--g , WUSA 9 http://action.hrc.org/site/R?i=sVWNupzzj39E8y9xp2Qi1w , and Fox 5 http://action.hrc.org/site/R?i=aM190djvJgbxEknvzObCPg here in Washington, DC. I encourage you to read their story http://action.hrc.org/site/R?i=V2JjSvUclhTdoSTQOVug1w and find out if your local hospital participates in the HEI http://action.hrc.org/site/R?i=NbeiVY92hTKMP-aWCZSsZA and encourage them to do so if they don't already. Through this work, we can make improve our community's experience when we need it most.
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It's been a busy week for marriage news around the country in what will no doubt be an even busier year for the issue. While we will be put on the defensive in some states, trying to defeat anti-marriage constitutional amendments, we are also moving forward proactively in a number of states to bring marriage equality to more people. We know the public is on our side with polls consistently at about 50 percent in support and continuing to trend in our favor. This year HRC will harness and amplify this momentum at both the state and national levels. Here's a quick update on the key states where marriage equality is up for a vote, whether in a legislature or on a ballot. We are providing funding, strategic expertise, and senior field and communications staff to a number of locally grown campaigns focused on winning or preserving marriage equality in the following states: * Maine: This week after much consideration, Mainers launched a campaign to take marriage equality back to the ballot in 2012. HRC is proud to support the effort and will be engaged as the campaign ramps up over the coming weeks and month. * Maryland: We have joined state-based organizations like SEIU 1199, ACLU-Maryland and Equality Maryland as a primary partner to pass a marriage equality bill through the legislature in the upcoming session. The broad and diverse coalition, Marylanders for Marriage Equality, may also be engaged in a ballot fight, should marriage have to go on the November ballot. * Minnesota: This November, voters will consider a constitutional ban on marriage equality on the ballot. A coalition of pro-equality organizations, including HRC, helped form Minnesotans United for All Families to defeat the ban. * New Hampshire: HRC has partnered with an impressive Granite State coalition, Standing Up for New Hampshire Families, to stop the agenda of a few right wing legislators who want to repeal the state's popular marriage equality law. We expect a vote in the coming weeks. * New Jersey: HRC is partnering with the statewide equality organization, Garden State Equality, to pass a marriage equality bill through the legislature after state legislative leaders made it a legislative priority. * North Carolina: A constitutional amendment to ban marriage for gay and lesbian couples and other partnership recognition for any couples, straight or gay, will be on the state's primary ballot on May 8. HRC is a key partner with the local Protect North Carolina Families spearheading the campaign. * Washington State: Just last week enough legislators have now publicly stated their support for the marriage equality bill, so it should pass when it comes up for a vote in the next few weeks. Recently the Governor also announced her strong support. HRC helped form and remains a key partner of Washington United for Marriage, the coalition working to pass marriage equality in the Evergreen State. Aside from this and other important state and electoral work, HRC is changing hearts and minds on the issue of marriage. From our Americans for Marriage Equality (http://action.hrc.org/site/R?i=yzslArdc7WhGgQbSnWMyYQ ) public engagement campaign to the HRC Foundation's work in workplaces and places of worship, we're moving the needle. And we will never let up on shining a light on the extremism of our opponents though projects like NOM Exposed. (http://action.hrc.org/site/R?i=bhRP5j6cjrCz2B9F32w2Kg )
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Last weekend, we saw GOP presidential front-runner Mitt Romney say he opposes discrimination against LGBT Americans while participating in a debate in New Hampshire. Three days later, in South Carolina, he embraced the endorsement of Kris Kobach, a far-right fundamentalist who has said HRC and other equality organizations support "homosexual pedophilia." This is perhaps the most glaring example to date of just how much Mitt Romney is willing to flip-flop on LGBT issues. Romney's words in New Hampshire are meaningless. Despite once pledging to co-sponsor a federal ENDA, Romney now says federal workplace protections for LGBT Americans would "open a litigation floodgate and unfairly penalize employers at the hands of activist judges." Despite once supporting open service, Romney called for keeping "Don't Ask, Don't Tell" in place during the fight for repeal. Accepting the endorsement of Kris Kobach is indicative of a Mitt Romney desperately seeking support from anti-gay constituencies and organizations. It's in line with the Mitt Romney who, just a few months ago, signed NOM's marriage pledge. With his signature, Romney has vowed to set up a McCarthy-like commission to look into the alleged "harassment" of NOM's anti-gay supporters, push for a federal marriage amendment, vigorously defend DOMA, and appoint anti-gay judges. Does that sound like someone who vehemently opposes discrimination against LGBT Americans? We have made tremendous progress in the fight for equality these last few years. Don't let Mitt Romney's smooth-talking remarks fool you into thinking he will be good for LGBT Americans. If there's one thing that is clear about Romney's record, it's that he has no problem turning on our community for quick political gain.
If you are a transgender person in Sweden wanting to change your legal gender, you are forced to undergo surgery that will render you permanently infertile and unable to have children in the future. That's right: in 2012, Swedish law still mandates forced sterilization in order to do something as simple as changing the gender on your driver's license. Despite massive support for repealing the law from the people of Sweden, including 90% of Swedish MPs, Prime Minister Fredrik Reinfeldt has stayed silent on the issue: allowing one small conservative party to block the change. In just a few hours, Parliament will open a debate on repealing the law. We need a massive show of support across Sweden and Europe that finally convinces PM Reinfeldt to speak out and break the deadlock. Will you take one minute to sign our urgent letter? RFSL, the Swedish federation for LGBT rights, will publicly deliver our signatures directly to the Prime Minister and demand that he intervene before it's too late: http://act.allout.org/go/720?akid=460.833039.mJVTYS&t=1 Forced sterilization has a long and frightening history in Sweden. Beginning with programs in the 1930s that tried to eliminate certain "undesirable" traits in society by forcing individuals to be sterilized, Sweden has long grappled with the painful history of stripping from citizens what we now consider to be a basic human right. Even Prime Minister Reinfeldt has publicly called sterilization law a "dark chapter in Swedish history". Now he has a chance to close that chapter for good. A motion is ready to be presented directly to the Parliament - where 90% of MPs are in favor of banning forced sterilization - but without a push from the Prime Minister, the conservative KRISTDEMOKRATERNA party will use its seat in the government to block the change. We know he is on our side: whether you are straight, gay, lesbian, bi or trans, will you take a moment to raise your voice and ask Prime Minister Reinfeldt to take a stand for human rights? Our friends at RFSL, the Swedish LGBT Federation, will deliver your signatures directly to the Prime Minister's office. http://act.allout.org/go/720?akid=460.833039.mJVTYS&t=2
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