Liberty - Protecting civil liberties, promoting human rights

In 21st Century Britain we’re more than ready to extend marriage rights to same sex couples. Liberty is delighted that the Coalition has committed to do just that with the Marriage (Same Sex Couples) Bill which is currently making its way through Parliament.

Liberty welcomes this Bill as a historic step in the right direction for marriage equality. We are supportive of provisions in the Bill which will give those religious denominations which support equal marriage the opportunity to marry same-sex couples in accordance with their religious beliefs and traditions. Whilst no faith group should be forced to marry a same-sex couple, those that wish to do so should not be prevented.

Sadly there remains one obstacle to full marriage equality in the Bill.

Currently the Bill contains a clause which would perpetuate inequality in the provision of occupational pension schemes for same-sex couples by allowing pension providers to pay far lower survivor benefits to same-sex civil partners and spouses than to straight spouses.

Liberty has drafted a suggested amendment to the Bill which would remove a directly discriminatory provision which currently allows employers and pension providers to treat married couples and civil partners differently on pension rights. Our amendment would ensure equal treatment for all civil partners and spouses, irregardless of their sexual orientation.

We believe only with these changes can we achieve true equality.

The Government says equalisation of pension provisions would entail unforeseen costs to pension schemes, but Liberty believes this is no justification for discrimination.

Gay employees pay into their pension schemes in the same way as everyone else and their spouses and civil partners should be entitled to the same benefits as their straight counterparts - it's a simple matter of fairness.

Email your MP and ask them to support an amendment which would at last ensure true equal treatment for gay couples.

Tell them about John

In 2012, Liberty client John Walker won his legal battle to secure equal pension benefits for his civil partner.

John’s situation was clearly discriminatory – he had paid into his pension scheme in the same way as his colleagues, yet his life partner is entitled to just a fraction of the survivor benefits of a spouse.

If John dissolved his civil partnership and married a woman today, she would be immediately entitled to a full spousal pension in the event of his death.

It is disappointing that John’s employer and pension provider are appealing this decision and that the Government is attempting to perpetuate this inequality in the Marriage (Same-Sex Couples) Bill. 

We've come a long way

In the last few decades we’ve come a long way from the bad old days when people faced regular legal and societal discrimination because of their sexual orientation. The New Labour Government deserves much of the credit for this: equalising the age of consent, legalising same-sex adoption and introducing civil partnerships, not to mention passing the Equality Act 2010 and the Human Rights Act 1998 which have together helped to ensure that our rights and freedoms receive equal protection regardless of sexual orientation.

 

The Coalition Government is now continuing the good work with the Marriage (Same-Sex Couples) Bill. The Bill allows for same-sex civil marriage and same-sex marriage in places of worship – without obliging religious denominations to hold such ceremonies.

This follows the Government’s acceptance of Liberty’s policy response to an earlier consultation and the Legal Opinion we obtained from Karon Monaghan QC. Those worried that that faith groups will be coerced into performing ceremonies can rest assured that the Bill has been carefully and cleverly crafted to ensure full protection for freedom of conscience and belief.

What’s in the proposals?

• Civil partnerships will continue to exist - whether conducted on religious or secular premises - and will continue to be restricted to same-sex couples.
• Marriage whether on secular or religious premises will be open to same-sex as well as straight couples, but only where religious organisations voluntarily ‘opt-in’ to the system.
• The Government proposals include a ‘quadruple lock’ to ensure that no religious organisation can be compelled to marry same-sex couples, this includes: (i) making it clear that no religious groups will be obliged to conduct same-sex marriages in the legislation, (ii) providing a clear opt-in system for those groups which would like to marry gay couples, (iii) amending the Equality Act 2010 to place beyond doubt the fact that discrimination claims may not be brought against groups or individuals who refuse to perform same-sex marriage on religious grounds and (iv) exempting the Church of England and the Church of Wales from this scheme to ensure that measures do not affect their Canon law.
• There will be a process whereby same-sex couples can convert their civil partnerships into marriages if they wish to – there will be no time-limit on this.
• The Government will change the law so that transgender people will be able to legally change their gender without having to dissolve their marriage.

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