Now
this is interesting (HT:
Archbishop Cranmer) A different-sex couple (i.e. a man a woman) are claiming that the UK's
civil partnership legislation is discriminatory because civil partnerships are only open to same-sex couples. This couple would like to enter into a civil partnership but can't because the two parties are of the opposite sex and thereby forbidden from entering into a civil partnership. Ah, the irony of it all. This is exactly the kind of argument that many homosexuals (and others enchanted by their flawed logic) make about the "discriminatory" nature of the institution of marriage. (In fact this is the perverted logic the couple is making! They are doing it as a protest to say that same-sex couples should be allowed to "marry".)
I have to say that this couple's argument is rather predictable and I'm surprised it's taken someone this long (the legislation has been around for five years now) to get their 15 minutes of media fame by pulling this kind of publicity stunt. I actually saw this coming some years ago. I can remember sitting in a
graduate law seminar at
Oxford debating the issue of homosexual "marriage" with a visiting Canadian professor (who was very hostile to anyone who didn't see things his way and not at all accustomed to debating these issues in a spirit of detached equanimity, instead seeing the purpose of the seminar as "educating" us all about the need for homosexual marriage and excoriating those "bigots" who dared disagree with him). The argument that marriage is "discriminatory" because by definition it excludes same-sex couples is deceptively simple but fundamentally flawed. Of course restricting marriage to opposite-sex couples above a certain age is also "discriminatory".
Anything that includes some people (or things) but excludes others is "discriminatory". But the fact that something is "discriminatory" is neither here nor there. The rule that you need a mark of 50% to pass an exam is also "discriminatory" in that those who score under 50% do not "pass". This regime quite clearly "discriminates" against those who score under 50%. But that's not a bad thing. Now there is of course a degree of "arbitrariness" in setting the pass mark. You can set it at 50%, or 70% or 40% and still have a meaningful exam. Assuming you don't set it at 0% then no matter where you set it there is potentially
someone who is going to "fail". If you set your pass mark at 0% so everyone by definition "passes" then you have in effect nullified the concept of having an exam in the first place. And, what's more, once you do this you
devalue the "passes" of all the people in the past, present and future who actually scored over 50% (or whatever pass mark you would have chosen).
Now none of this is by any means a knock-down argument against homosexual "marriage" or civil partnerships. There may be good arguments for these (personally I'm not convinced) but the point I am making is that you can't just say "marriage discriminates against same-sex couples and should therefore be changed to allow them to 'marry'". In all societies the rules about who can marry also "discriminate" against a whole host of other people, animals and things who might potentially want to "marry". It is no answer for the advocates of homosexual "marriage" to say "ah, but no-one is seriously suggesting that man should be allowed to 'marry' his dog or a 9 year old girl or his pet rock or 3 wives at once etc". First, it is no answer for the simple reason that there
are people (albeit a minority) making exactly these claims. Secondly, it's no answer because it completely skirts the main issue. No matter how you define marriage you have to give a reason why you define it to include X but not Y. The homosexual rights lobby's proposed definition of marriage is
also "discriminatory" by excluding some situations from the definition of "marriage" and they need to justify why
their proposed redefinition should be accepted but not the polygamists', paedophiles' and the zoophiles' etc. Aye, there's the rub. As it happens I think there are very good reasons for restricting marriage to different sex couples above a certain age but that's a topic for another post.
If nothing else this episode of the different-sex couple arguing that they too should have the right to enter into a civil partnership shows the folly of the kind of logic which cries "discrimination" because a civil partnership is defined in a way which excludes different-sex couples. The man and the woman in this episode
are each free
as individuals to enter into a civil partnership
with a person of the same sex. The law of civil partnerships does not discriminate against them
as individuals. As individuals they are in exactly the same legal position under that act as every other non-married person not already in a civil partnership. Under that law each of them has the legal right to enter into a civil partnership. And their sexual "orientation" or "preference" is completely beside the point. Two "heterosexual" men or two "heterosexual" women can enter into a civil partnership if they want. And likewise every "homosexual" or "lesbian" person is free
as an individual to enter into a marriage
with a person of the opposite sex. The law of marriage does not discriminate on the basis of sexual preference or orientation. Every
individual above a certain age who is not already married is free to marry. A "homosexual" man and a "lesbian" woman can enter into a marriage if they want just as a "heterosexual" man and a "heterosexual" woman can. Their "sexual orientation" is completely beside the point. The problem here is not that the law of civil partnership (or marriage for that matter)
discriminates against them as individuals. The problem is that particular law doesn't allow them to do what they
want. Well duh. Whoever said that it should? Saying that the law 'discriminates' against you when in actual fact it treats every
individual equally but doesn't happen to allow each individual to fulfil his or her personal desires is at best fundamentally flawed and at worst downright dishonest.
My advice to this different-sex couple who want to enter a civil partnership with one another but can't is exactly the same as it is to same-sex couples who would like to "marry" one another but can't:
Get over it. Yes of course marriage "discriminates" against
same-sex couples just as civil partnerships "discriminate" against
different-sex couples since marriage by definition involves a partner of the opposite sex and a civil partnership by definition involves a partner of the same sex. But importantly marriage does
not discriminate against
homosexual persons as individuals and civil partnerships do
not discriminate against
heterosexual persons as individuals. Everyone over a certain age in the UK has a legal right to marry -- regardless of sexual preference. And similarly
everyone over a certain age in the UK has a legal right to enter a civil partnership -- regardless of sexual preference. Whether you as an individual are "gay", "straight" or something else is completely beside the point. The law doesn't want to know it. Every person in the UK is treated equally under both the law of marriage and the law of civil partnerships and saying that the law doesn't allow you to marry or enter into a civil partnership with whomever you want because the definition of these institutions limits your choice of potential partner just doesn't cut it I'm afraid. And yes in a sense the law of both marriage and civil partnerships in the UK "discriminates" against people under the age of 16 and animals and people wanting to "marry" or enter into a civil partnership with a person under the age of 16 or an animal etc etc. But only in a sense. Every 15 year old is treated alike under the law. And every person who would like to marry or enter into a civil partnership with a 15 year old is treated alike under the law. There is no discrimination on an
individual basis. Just the kind of
definitional "discrimination" which will always be with us so long as we define marriage or a civil partnership to mean X but not Y.
Now society is full of private organisations etc that certain people are ineligible to join. So yes of course all-male institutions in a sense "discriminate" against females who would like to join and all-female institutions in a sense "discriminate" against males who would like to join; organisations exclusively for wealthy people in a sense "discriminate" against people below a certain income; organisations for senior citizens in a sense "discriminate" against young people and organisations exclusively for youth in a sense "discriminate" against older people. If you can't join one of these institutions, because you don't fit the bill
get over it. Go and form your own association if you can't join someone else's. If you can't join the local youth club because you're too old then go and find some like minded people and form your own association. In modern western societies there is nothing stopping two people of the same sex or 100 people of one or both sexes forming a common living arrangement. It's not criminal so if you want to do it just go and do it. There's no need to cry foul about not being able to "marry" (or enter into a "civil partnership" with) the person of your choice. And if these two or 100 people want to have joint or common ownership over their property this can be arranged without having to redefine "marriage" so that they can enter into it with the persons of their choice.
Oh and by the way, as far as the law is concerned this different sex couple that wants to enter into a civil partnership doesn't have a leg to stand on. This is just a cheap publicity stunt. First, they have acted deceptively in seeking their civil partnership by simply giving their initials and not their full names and once they turn up for the ceremony the registrar would be legally obliged not to perform the ceremony if he was not satisfied that they fulfilled the legal requirements for a civil partnership (which obviously includes both parties being of the same sex). And even if they manage to dupe the registrar (or the registrar is not fooled but simply ignores his legal obligations and perform the ceremony) the civil partnership would
still not be legally valid. Simply going through the ceremony does not a civil partnership (or a marriage for that matter) make. These things have to be done "according to law". I can declare myself king and even have the Archbishop of Canterbury "crown" me king in Westminster Abbey but that still wouldn't legally make me king. Why so? Because kingship is governed by law and I don't satisfy the legal requirements for kingship. Going through the motions of a proclamation and a coronation ceremony won't make me king in the eyes of the law. In the same way a couple which goes through the motions of a civil partnership ceremony but does not satisfy the legal requirements are not members of a civil partnership in the eyes of the law.