Wednesday 6 February 2013

Liberal Philosophical Perspective

On the ultimate Thatcherite privatisation of a socially vital institution, Sarah Teather writes:

This evening I voted against the second reading of the same-sex marriage bill. It was one of the most difficult decisions I have ever taken. As a life-long liberal and a committed Catholic I spent many months reflecting on this issue in the lead up to the vote. I wanted to explain to people why I took this step.

I have previously taken a very public stance in support of gay equality in a whole range of areas, including supporting civil partnerships legislation in 2004 (which I was very proud to do), voting for all stages of equality legislation passed in the last two parliaments, working with schools to address homophobia and lobbying the Home Office for fairer treatment of gay people seeking asylum from countries where they fear persecution. I feel strongly about these issues and have devoted considerable time to campaigning on such matters over the last ten years.

However, changing the definition of marriage for me raises other more complex issues.

I believe that the link between family life and marriage is important. We know that permanent stable loving relationships between parents are very important for children. Such relationships make it much easier to offer the kind of consistent loving parenting that enables children to grow into healthy happy adults able to play their part in society. I recognise that this kind of stability can exist outside of marriage, but the act of giving and receiving vows in front of others and making a commitment for life is an aid to stability. It is precisely the reason that marriage has formed the basis of family life for thousands of years, and is the reason that the state has historically tried to encourage it.

I also recognise that not all couples who get married have children for a variety of reasons, and similarly that many children are now born outside of marriage. My concern, however, is that by moving to a definition of marriage that no longer requires sexual difference, we will, over time, ultimately decouple the definition of marriage from family life altogether. I doubt that this change will be immediate. It will be gradual, as perceptions of what marriage is and is for shift. But we can already see the foundations for this shift in the debate about same-sex marriage. Those who argue for a change in the law do so by saying that surely marriage is just about love between two people and so is of nobody else’s business. Once the concept of marriage has become established in social consciousness as an entirely private matter about love and commitment alone, without any link to family, I fear that it will accelerate changes already occurring that makes family life more unstable. (I should add, that I also suspect it will make marriage ultimately seem irrelevant. After all, how long before gay people begin to say, as many straight couples of my own generation have begun to say, “if marriage is just about love, why would I need a piece of paper to prove it?”)

If I felt that the current legal framework left gay couples unprotected, I would be much more inclined to support the proposed legislation. However, the civil partnerships legislation, which I voted for in my first parliament, equalised relationships between same-sex couples before the law, providing the same protections as offered to heterosexual married couples. I felt strongly that it was right to support civil partnerships to ensure that gay people in committed long term relationships are not discriminated against financially and legally and can take part in decisions about their partner’s health care. Virtually no new protections are offered to same-sex couples on the basis of this legislation on marriage, and any that are could easily be dealt with by amending civil partnership legislation.

The argument in favour of same-sex marriage has mostly centred on rights. But this isn’t the only liberal philosophical perspective on the legislation. The more I considered this bill the more I was unsure about the state’s role. If an important reason for marriage is that it is a space for having and raising children, I can see the relevance for the state being involved in regulating it and encouraging stability for the good of society and for children’s welfare. Similarly, if there is a need for protection of rights to property and rights to make decisions, there are good reasons for the state to provide regulation. But neither of these things is what this legislation is trying to do. In this case, the state is regulating love and commitment alone, between consenting adults, without purpose to anything else. That feels curious to me, as I would normally consider that very much a private matter.

I have found this a difficult decision because of my work previously on gay rights issues, and my judgement is finely balanced. I recognise that others may reflect deeply on these issues and come to a different view, in good faith. But it is my view that where the extra protections offered to same-sex couples are marginal, and where the potential negatives to society over a period of time may be more considerable, I am unable to support the bill.

Although the vote today was subject to a free, unwhipped vote, I understand that my views place me out of step with most of my liberal democrat colleagues and party members. I have not often found myself out of step with party members over the last twenty years. But one of the things that always impresses me about our party is that we are liberal enough to accept that others may hold different views. Our party members hold strong views, but recognise and cherish the space for difference. I am proud of that.

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