LONDON – On Wednesday, the Blair government will announce, through the traditional speech delivered by Queen Elizabeth before the joint Houses of Parliament, the Commons and the House of Lords, the long-awaited Civil Partnership Bill, the law that will give gay couples the same rights and obligations as legally married heterosexual couples. This is a significant development, although nine European countries are already discussing similar legislation and at least two, the Netherlands and Belgium, have approved it.
The news was reported by the Daily Mail and, as always with the Queen's speech, was not confirmed by Downing Street, Prime Minister Tony Blair's office. But the fact that the Civil Relationships Act is ready is not surprising, because the government launched a public consultation earlier this year, which ended on September 30. And Equalities Minister Jacqui Smith already took the outcome for granted in July: "The set of obligations and rights makes it clear that this is a serious commitment: partners will be called upon to support each other, both emotionally and financially," she said at a union conference.
Naturally, vigorous opposition to the bill is expected, clashing with deeply held beliefs. The Anglican Church, already torn apart by the appointment of a gay bishop in the United States, could be divided. The House of Lords, where Lord Tebbitt is expected to rail against "sodomites" again, could slow the legislative process. But the surprise could come from the Conservatives, who want to open up to society under new leader Michael Howard: if they were to abandon their opposition, they would demonstrate that equal rights for gays are well received in British society.
Rather, it is noteworthy that a leader of the homosexual movement, Peter Thatchell, condemned the law as "heterophobic", because it does not recognise the same rights for de facto couples of different sexes.
According to the Mail, however, the law requires same-sex couples to sign a register, in front of witnesses, to formalize their relationship: "It won't be like a marriage," says Jacqui Smith, but it will make public something that was previously private, or even secret: "An unacceptable invisibility," according to the minister, in our times. The signatories will automatically obtain a series of rights previously reserved for married couples: they will be required to share in joint support and will be entitled to state benefits. They will be able to inherit and receive a pension upon the death of their partner, as well as continue to occupy an apartment rented by their partner. And they will have the status recognized in happy and unhappy times in life: for example, they will be able to visit their partner in hospital, something currently, in many cases, only relatives are allowed. In the event of a breakdown in the relationship, such as in a divorce, they will have rights in financial disputes and even, if necessary, legal aid.
But the rules that will provoke the most controversy are those regarding child custody. The Mail specifies that "gay partners will be able to exercise parental responsibility over the other's children." Many homosexuals who form a new couple, after a marriage or other relationship that has produced children, will thus be able to transfer parental responsibility to the new relationship, and even grant it to their partner. Alongside this, there is the still-vast area of rights for children born from a homosexual union, through fertilization techniques that are not yet regulated or authorized.
Registration should be available to subjects aged 16 and over, although those under 18 will require the written consent of a parent or guardian. The law will certainly be revolutionary, considering that homosexual sex was prohibited by law until the 1960s. Today, however, it is recognized as the foundation of a relationship that is only formally distinct from (civil) marriage. But it will spare thousands of subjects, says Jacqui Smith, "the humiliating and unnecessary problems caused by the lack of recognition of their union.".
Interview with Franco Grillini by Lorenzo Salvia
«"Good decision. Now Italy will have to move too."»
Franco Grillini Honorary President of Arcigay
ROME – "Great Britain is doing well, now Italy should also take a step forward with a civil partnership." A step forward. "No, a civil partnership. Civil partnerships, as a civil pact of solidarity: a registry of de facto couples, both same-sex and otherwise, to give them the same rights as married couples." To make this happen, Franco Grillini, a Democrat MP and honorary president of Arcigay, has presented a bill that has already been signed by 161 opposition MPs. Do you think it will pass?
«"Sooner or later, Brussels will ask us. In the EU, only Greece, Austria, and Ireland, besides us, have not moved.".
Why are we also in this group?
«"Because of the Vatican's rigid and even violent attitude toward gays. And because the Christian Democrats ended up in the fan, spreading confetti into all the political parties.".
What do you mean?
«Of the 618 MPs, 320 were members of the Christian Democrats. Ours is a secular-majority country with a majority-confessional Parliament. Otherwise, a reform so many Italians wanted, such as the fast-track divorce, would never have been rejected by secret ballot.
So he doesn't have much hope.
«The Democrats have asked for my proposal to be discussed in committee in January. And on February 14th, Valentine's Day, a thousand gay couples will kiss in Rome's Campo dei Fiori. Meanwhile, we're entering the Guinness Book of Records. Then we'll see.