Differences in strategy may jeopardise gay partnership rights in Scotland
The Edinburgh Evening News reports today on the seeming difference in approach to legislating for gay partnership rights in Scotland. The Scottish Executive (aka 'Government') is thought to favour using a procedure known as a 'Sewel motion' to allow the UK government ('Westminster') to legislate for Scotland in a matter that is 'devolved' to the Scottish Parliament.
The UK government has in its legislative programme a proposal to give same-sex partners many of the rights enjoyed now by married couples, but would not extend these rights to heterosexual partners living together who are not married.
The Scottish Executive may feel that it can avoid the bitter controversy which surrounded the battle to have 'Section 28' (clause 2a) repealed in Scotland, by aligning the legislation in Scotland with what is being proposed for England and Wales. This piece of legislation forbade the 'promotion' of homosexuality and referred to same-sex relationships as 'pretend family relationships'.
The Scottish Green Party wants there to be legislation passed by the Scottish Parliament which would extend civil partnership status to co-habiting unmarried mixed-sex couples as well as to same-sex couples. The argument for not doing this in England and Wales was that mixed-sex couples always have the opportunity, if they choose to exercise it, of marrying and thereby enjoying all the legal benefits (and obligations) this status confers. This was largely a 'sop' to the Conservatives who purport to be concerned that the special status of 'marriage' be preserved, but who appeared ready to acquiesce in the gay civil partnership proposed legislation (at least in the House of Commons - how some in the House of Lords will react is anyone's guess).
Personally I have no objection to the Scottish Green Party proposals and can see that there is great merit to them, but my fear is that by their action in raising this matter they will jeopardise the passing in Scotland (whether directly by the Scottish Parliament or indirectly through Westminster) of legislation to give gay partners some protection in terms of next-of-kin rights, pension rights and inheritance, for example.
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