Same-sex marriage - Relate policy position

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Relate policy position
Evidence suggests that hostile and unsupportive environments
can lead to same-sex relationships being more likely to
breakdown. Relate welcomes the Marriage (Same Sex Couples)
Act 2013 as a positive step towards promoting equality and
reducing institutional discrimination towards same-sex
couples and their relationships. Relate aims to provide
effective and inclusive services supporting same-sex couples at
all stages of their relationships.
www.relate.org.uk
June 2014
For decades Relate has offered services to same-sex and opposite-sex couples alike. We
believe in supporting relationships of all types and promoting good quality, strong and
stable relationships. We recognise the importance of equal legal recognition of
relationships, and also note the negative impact that discrimination, including
institutional discrimination, can have on same-sex couples’ well-being. As such we
welcome the Marriage (Same Sex Couples) Act 2013 as a positive step towards promoting
equality and reducing institutional discrimination directed towards same-sex couples and
their relationships.
1. Relate believes in the importance of good quality, strong and stable relationships
for both same-sex and opposite-sex couples alike. The evidence says that what
matters most is the quality of relationships, not their legal form.
2. Relate believes that that same-sex couples should be able to have their
relationships legally recognised if they choose to. This is important to combat
stigma and promote a culture change where same-sex relationships are given
equal value (to opposite sex relationships) and support is available for those in
same sex relationships.
3. Relate aims to provide effective and inclusive services supporting relationships for
every section of the community, including same-sex couples, at all stages of their
relationships.
4. Relate acknowledges the pressures that can come as part of being a minority
group, and evidence suggests that hostile or unsupportive environments can lead
to same-sex relationships being more likely to breakdown. Recognition of samesex marriage may help create a more supportive environment for same-sex
relationships (of all types, not only between married couples) to thrive.
There is an ever growing evidence base on the relationship quality being more important
than relationship type or status when it comes to physical and mental health (Meier, 2013)
and child development (Mooney, Oliver, & Smith, 2009; Goodman & Graves, 2010). Despite
this, many hold marriage in high esteem and see it as the ultimate recognition of a couple
relationship. As such, same-sex couples being excluded from being able to recognise their
relationships through marriage could be perceived as a serious injustice (Eekelaar, 2014).
www.relate.org.uk
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Being part of a minority group can lead to unequal treatment in society at large which can
result in psychological distress. This is sometimes known as ‘minority stress’ and has a
detrimental impact on relationship quality among lesbian, gay, bisexual and transgender
(LGBT) couples (Otis et al., 2006; Frost & Meyer, 2009). Further to this, analysis of the
National Child Development Study indicates that LGBT people are likely to experience less
stable relationships, which may well be a result of minority stress (Kneale & Sholl, 2013).
Further evidence from the USA also suggests being prohibited from getting married, which
can be seen as institutional discrimination and lead to minority stress, may impact samesex couples’ mental-wellbeing. The research indicated consistent increases in rates of
psychiatric disorders and comorbidity (for 11 out of 13 outcomes) among lesbian, gay and
bisexual individuals living in the 16 states where there had been constitutional
amendments banning same sex marriage during 2004 and 2005. States where there had
been no amendment did not see similar increases (for 12 out of 13 outcomes)
(Hatzenbuehler et al., 2010).
The Coalition for Equal Marriage argued that same-sex marriage is important due to the
significance of faith or religion to marriage, and that Civil Partnerships did not provide for
a religious ceremony or blessing (Shipman & Smart, 2007). Being excluded from being
able to recognise your relationship through a religious ceremony or blessing, as same sex
couples were, is likely to be experienced as discrimination.
There is no comprehensive estimate of how many people either define themselves as
LGBT or whose behaviour reflects LGBT in the UK. The Office for National Statistics
estimated that, in 2010, 1% of population were gay, 0.5% were bisexual and a further 0.5%
identify as ‘other’ (an amorphous option for those who don’t class themselves
heterosexual, gay or bisexual) (Kneale & Sholl, 2013). These statistics have been criticised
on a number of accounts: first, because they focus on identity rather than on behaviour or
attraction; secondly due to the methodology and question wording used; and thirdly, the
statistics also do not include estimates of transgender people (Potter, Bamford, & Kneale,
2011). Overall the figures were significantly below previous estimates that tended to be in
the 5-7% region.
Up to the end of 2012 there had been a total of 60,454 civil partnerships in the UK since
the Civil Partnership Act came into effect in December 2005. This started at a high with
16,106 civil partnerships formed in 2006 (the first complete year in which civil partnerships
could be formed) and since then numbers have stabilised with around 6,000 - 7,000 a year
since 2008 (Office for National Statistics, 2013).
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Sexual Offences Act 1967
Homosexual acts between men 21 or over in
private were decriminalised in England and
Wales.
Local Government Act 1988 (Section 28)
Section 28 stated that a local authority 'shall not
intentionally promote homosexuality' or 'promote the
teaching in any maintained school of the acceptibility
of homosexuality as a pretended family relationship'.
Local Government Act 2003
Section 28 is repealled in England and Wales.
Civil Partnership Act 2004
Allows same-sex couples to form a civil partnership
which grants them identical rights and
repsonsibilities as opposite-sex couples. Only samesex couples may form a civil partnership.
Marriage (Same Sex Couples) Act 2013
Same-sex couples can get married in England and
Wales, subject to certain restrictions on the basis of
religion (see below).
As we can see from the figure above, there has been significant change within the last 50
years, from the decriminalisation of homosexual acts between men (with certain
limitations) through to the Marriage (Same Sex Couples) Act in 2013 which allows samesex couples to marry subject to certain restrictions which we outline below.1
The Marriage (Same Sex Couples) Act 2013 received Royal Assent on 17th July 2013. The act
enables same-sex couples to get married in England and Wales, and the first same-sex
marriages took place on 29th March 2014. Such marriages are to be treated the same as
marriages between a man and a woman. It permits marriages by civil ceremony and also
according to religious rites and usages and in religious premises where a religious
organisation has opted in.
There are two notable exemptions to this, the Church of England and the Church of Wales
While there have been other important areas of progress over this period, we’ve only outlined
what we saw as the most major legal changes over this period.
1
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who may not opt in to marrying same sex couples. The Bill does provide a process
whereby the Church in Wales can request legislative change to allow marriages of same
sex couples in their churches if they wish to do so. In addition there are specific measures
taken to protect against obligation or compulsion to carry out or participate in a same sex
marriage ceremony and provide protection under equality law for organisations and
individual ministers of religions that do not wish to marry same sex couples.
The Bill does not remove the availability of civil partnerships for same sex couples, nor
does it allow different sex couples to form civil partnerships.
Historically Relate has not taken a stance on same-sex marriage. However Relate has
offered its services to same sex couples for many years, helping to support good quality,
strong and stable relationships of all types.

Penny Mansfield, CEO of OnePlusOne , welcomed the Act:
We know that married relationships are less fragile; it seems that making the
decision to publically commit and for that commitment to be recognised
publically can strengthen commitment for some, though not for all. Therefore
OnePlusOne welcomes the change in law to allow same sex couples to marry
and hopefully strengthen their relationships (OnePlusOne, 2013).

Tavistock Centre for Couple Relationships (TCCR) response to the Equal Civil
Marriage consultation showed that they were strongly in favour of couples being
able to marry regardless of gender (TCCR, 2012).

Many more organisations have not commented on the Act.

Lesbian and Gay Foundation

Stonewall

Quakers

Peter Tatchell Foundation

The British Humanist Association

Society for the Protection of Unborn Children

Christian Legal Centre

Gay Marriage No Thanks
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Eekelaar, J. (2014). Perceptions of Equality: The Road to Same-Sex Marriage in England
and Wales. International Journal of Law, Policy and the Family, ebt013.
Goodman, A., and Graves, E. (2010). Cohabitation, marriage and child outcomes. London:
Institute for Fiscal Studies.
Hatzenbuehler, M. L., McLaughlin, K. A., Keyes, K. M., & Hasin, D. S. (2010). The impact of
institutional discrimination on psychiatric disorders in lesbian, gay, and bisexual
populations: a prospective study. Journal Information, 100(3)
Kneale, D., & Sholl, P. (2013) Opening doors: do older LGBT people have different outlooks
on relationships? In Sherwood, C. & Faulkner, J. (2013) Reflections on Ageing: The role of
relationships in later life
Meier, R. (2013). Relationships: the missing link in public health. London: Relationships
Alliance. Retrieved 17 February 2014, from http://www.relate.org.uk/policycampaigns/publications/relationships-missing-link-public-health
Mooney, A., Oliver, C., & Smith, M. (2009). Impact of Family Breakdown on Children’s Wellbein. Evidence Review. London: Department for Children, Schools and Families.
OnePlusOne (2013). OnePlusOne responds to same sex marriage being made legal in
England and Wales. Retrieved 17 February 2014, from
http://www.oneplusone.org.uk/2013/07/18/oneplusone-responds-to-same-sex-marriagebeing-made-legal-in-england-and-wales/
Office for National Statistics (2013) Civil Partnerships Formations, 2012. Retrieved 17 June
2014, from http://www.ons.gov.uk/ons/publications/re-referencetables.html?edition=tcm%3A77-314705
Potter, C., Bamford, S. M., & Kneale, D. (2011). Bridging the Gap: Exploring the Potential for
bringing older and younger LGBT people together. London: International Longevity
Centre. Retrieved 17 June 2014, from
http://www.ilcuk.org.uk/index.php/publications/publication_details/bridging_the_gap_e
xploring_the_potential_for_bringing_older_and_younger_lgb
Shipman, B., & Smart, C. (2007). 'It's Made a Huge Difference': Recognition, Rights and the
Personal Significance of Civil Partnership. Sociological Research Online, 12(1).
Spielhofer, T., Corlyon, J., Durbin, B., Smith, M., Stock, L. & Gieve, M. (2014). Relationship
Support Interventions Evaluation. London: Department for Education.
TCCR (2012). Equal Civil Marriage consultation response. Retrieved 17 February 2014, from
http://www.tccr.ac.uk/policy/consultation-responses/322-equal-civil-marriage
www.relate.org.uk
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© Relate June 2014
This paper was written by Patrick Sholl. It is part of a series of policy positions published
by Relate that set out our view on a variety of topics relevant to our work. The positions
contain our overarching key messages on a given subject and provide some context
including supporting evidence, relevant statistics and the policy and legal background.
More policy positions dealing with other relationship issues can be downloaded from
www.relate.org.uk/policy
For further information on the issues raised in this paper please email
policyandresearch@relate.org.uk
Relate is the UK’s leading relationship support organisation, serving more than one
million people through information, support and counselling every year. Our vision is a
future in which healthy relationships are actively promoted as the basis of a thriving
society.
We aim to develop and support healthy relationships by:

delivering inclusive, high-quality services that are relevant at every stage of life

helping couples, families and individuals to make relationships work better

helping both the public and policy makers improve their understanding of
relationships and what makes them flourish.
www.relate.org.uk
Relate charity number: 207314, Company number: 394221 (Registered in England and Wales)
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