Monday, 15 July 2013

Same-sex marriage in England and Wales, a result of 'collusion' with the European Court of Human Rights?

The UK House of Lords today passed the Marriage (Same Sex Couples) Bill 2013 at Third Reading without division. 

Soon after Baroness Stowell of Beeston moved the motion 'That the Bill do now pass', Lord Framlingham made a final impassioned speech against it. 

In his speech, Lord Framlingham asserted that the reason the Bill had been presented to Parliament was a result of a collusion between the Government, the Equal Love campaign, and the European Court of Human Rights:

"The questions that many are asking are: why now and why the haste? The simple truth is that the coalition Government have colluded with equal love campaigners and the European Court of Human Rights in bringing a case—an appeal—against our country’s long-established and settled position on marriage. There was a suggestion—some would call it a threat—that if legislation were not brought forward by June this year then changes would be forced on us. The House of Lords Library tells me that as legislation is proceeding the case in the European Court of Human Rights will probably not now be pursued. What outrageous, behind-the-scenes arm twisting."

Lord Framlingham has clearly not been keeping up with ECHR jurisprudence and is not a regularly reader of HUDOC. If he was, he would know how unlikely such a 'collusion' is, given that the Court has now repeatedly stated that no right exists to same-sex marriage under the Convention. 

The understanding of the House of Lords library staff about the Equal Love complaint not being pursued is advice that Lord Framlingham can probably rely on, given that marriage for same-sex couples will soon be available and a review of opening up civil partnerships for opposite-sex couples will follow.

However, Pink News does report Peter Tatchell as stating that “[o]ur campaign isn’t over yet. This legislation includes six discriminatory aspects, which we will seek to overturn in a subsequent bill'. Such a statement will satisfy at least one Briton, Sir Gerald Howarth, who may regard this as vindication that some in the 'aggressive homosexual community' regard the Marriage (Same Sex Couples) Bill as 'a stepping stone to something even further'.









No comments:

Post a Comment

Note: only a member of this blog may post a comment.