Equal Marriage (not quite)

Gay Marriage has been made legal in the UK [except Northern Ireland due to a veto made by the DUP under the Diarchy agreement primarily on religious grounds] but all is not quite what it seems.

We now have the equal right to get married as straight couples do but while entrance into these marriages are now legal, the same is not true for exits.  It is not legal grounds for divorce in the UK if your partner cheats on you with someone of the same sex - this applies to all marriages, straight and gay.  I say only straight and gay as legally there's no distinction between "Bi Marriage" etc.

What's interesting about this is that at first you can argue it's equal since the same rules apply to everyone but there is a counter argument.  While the sex grounds are the same for everyone this does not take into account sexuality.  In a straight couple it would be presumable if one person cheated it would be with someone of the opposite sex, this is the "default" to use a crude over simplification.  The "default" in a same sex marriage would be to cheat with someone of the same sex.

In reality sexuality should not come into play here at all.  Grounds for divorce on the basis of cheating should need only be that one partner cheated on the other with a third person - regardless of sex.  How many people will march for that equal right?  I'm willing to bet there aren't many.  For one to campaign for such a right would be to inherently support the idea that your marriage is not going to last - which I don't think many people would want to admit.  The whole idea of marriage after all is that you find someone you want to spend the rest of your life with.

This does pose a question about equal rights in general and what we do and do not campaign for and what we demand in general.  Realistically if we wanted equal marriage there should never have been separate legislation for gay marriages, the original marriage legislation should have been amended to remove references to gender and make one law apply to everyone, instead we have two separate laws which don't even have to be synchronised - I said the above applies to straight marriage and gay marriage which is true but changes to this law would be made for each type of marriage individually.  Adding cheating with someone of the same sex as grounds for divorce to one will not automatically add it to the other, the legislation would have to pass twice.

No comments:

Post a Comment

All comments are moderated before they are published. If you want your comment to remain private please state that clearly.