Last month, the news broke that the United Kingdom was considering legalizing same-sex marriage with support from the governments of the UK and Scotland. Because of the complicated politics and legislative procedures within the UK, I decided to do a diary on just what's going on there and what will happen before same-sex marriage becomes legal in the United Kingdom (an exciting prospect for any young gay American boy who hopes to one day marry a Prince or perhaps a gay James Bond).
Current British Law
For some background, the United Kingdom's current marriage laws restrict marriage to straight couples but have civil unions for all gay couples which are supposed to come with the same benefits and privileges of marriage. Civil Unions were enacted in 2005 thanks to Tony Blair. However, civil unions cannot be performed in any church or religious institution (this is what can happen when you don't have a First Amendment).
Britain's current laws on marriage are actually to the left of many Western European countries including France, Germany, Switzerland, Austria, the Czech Republic, Hungary, Italy, Ireland, and Denmark. And minus the weird religious restriction, Britain's current laws are the same as numerous U.S. states including California under Proposition 8, Oregon, Washington, Hawaii, Nevada, Colorado, Delaware, New Jersey, and Rhode Island.
Two Separate Processes
There are actually two separate same-sex marriage legalization bills current under consideration, one in the UK Parliament and one in the Scottish Parliament. This may seem confusing but under Devolution, Scotland got its own Parliament in 1999 with the power to legislate over numerous policy areas including, among other things, family law. The best way to think about it is the relationship between California and the United States. California has its own government with its own authority to govern over certain matters yet California is within the United States. California is to the United States what Scotland is to the United Kingdom.
Thus, marriage equality in the United Kingdom won't come in one single peice but instead will come at different times in in Scotland and England and Wales respectively.
Scotland has already started its process (they call it a "consultation") of looking into the legalization of same-sex marriage.
The Process of Legislation in Both Parliaments
The technical and complicated process of how this legislation will be enacted is largely unimportant (I was always more of a fan of the Simpsons' "I'm an Amendment to be" than Schoolhouse Rock's "I'm a Bill to be" and saw the former before the latter) but there are some key things to take note of that could make a difference in when the legislation would be enacted.
1. The legalization of same-sex marriage in England and Wales could be slowed by the unelected upper House of Lords. Like Congress, UK Parliament has two chambers. The lower chamber is the House of Commons, who's members are elected and in effect govern the country. Then there is the upper chamber House of Lords, who are unelected but instead appointed for life. Typically, the House of Lords lets the House of Commons pass pretty much whatever they'd like but they will occassionally send bills back for revision and they will sometimes delay bills they don't like. This has happenned before on LGBT rights where the House of Commons passed a repeal of an anti-gay law (Section 28) only to have it stalled by one homophobic lord for several years before she died.
2. By contrast, the House of Lords has no authority over legislation passed by the Scottish Parliament and can't exercise a veto. One of the first acts of the Scottish Parliament was to repeal Section 28 in Scotland and they did so in 2000. If the Scottish Parliament enacts same-sex marriage, it's pretty much a done deal.
3. The Brits have this thing known as a "Formal Consultation" on most legislation that is enacted. It takes a minimum of three months to conduct and is basically a notice and comment period like we have for administrative decisions. This is taking place now on the issue of same-sex marriage in Scotland and will be conducted next year in the UK.
http://www.bbc.co.uk/...
Public Polling
Current public polling shows plurality support for legalized same-sex marriage in the United Kingdom. A recent YouGov poll shows that 46% of the British public favors same-sex marriage.
http://today.yougov.co.uk/...
A recent Angus Reid poll shows 43% of the British public favors same-sex marriage.
http://www.angus-reid.com/...
A recent poll shows though that support for same-sex marriage in Scotland is 61% with just 19% opposition.
http://www.pinknews.co.uk/...
The Political Dynamics in Both the United Kingdom and Scotland
Because there are multiple political parties in the UK, it's interesting to look at what is driving politicians to support same-sex marriage.
1. United Kingdom (England and Wales)
United Kingdom Prime Minister, David Cameron, has voiced his support for the legalization of same-sex marriage. This may seem kinda odd as he is a Conservative Prime Minister and it kinda is. The Conservative Party has traditionally been an anti-gay party. Just about all the legislation in the UK for LGBT Civil Rights was enacted by the Labour Party and opposed by the Conservative Party. Even in comparison to right wing parties in other countries with legalized same-sex marriage, Cameron has moved left. For example, in the Netherlands and Canada, where left wing governments legalized same-sex marriage in 2001 (by a Labour led coalition) and 2004 (by the Liberals) and were subsequently defeated for reelection, Conservative Prime Ministers Jan Peter Balkenende and Stephen Harper respectively took the position that while they opposed same-sex marriage, they did not support a repeal of legalization. So Cameron is definitely breaking the mold here.
There may be a number of reasons for this development.
1. The Conservative Party may have similarities to the Republican Party but unlike them, they're (a) not obsessed with the sex lives of others, (b) not interested in enforcing religion on others, and (c) actively discriminating against others for their differences.
2. Cameron is really a social liberal. He is pro-choice, an environmentalist, a supporter of rehabilitative criminal punishment, and a supporter of drug law reform. On economic issues, he's in line with the Congressional GOP and the Teabaggers. But on social issues, he's not too far apart from Barbara Boxer. Also, at 44, Cameron is a young guy. We see the age gap repeatedly in polling on LGBT Civil Rights and Cameron's views on same-sex marriage may simply reflect his age.
3. The Conservative Party of the UK has never been all that anti-gay. Class based voting is prevalent in the UK, thus upper middle class and wealthy British gays were always likely to be Tories both as voters and party activists. There are currently more openly gay Tory MPs than openly gay MPs of any other party (12 in all).
4. Cameron may be influenced by his own Cabinet. In the short time Cameron has been Prime Minister, there have been a number of outings of his government ministers and cabinet secretaries. At a certain point, you can't help but wonder if Cameron will have a Joan Cusack style moment in the movie In and Out.
http://www.youtube.com/...
Joking aside, Cameron may realize that he does value the equality of those he works most closely with.
Cameron may face opposition within his own party over his push for same-sex marriage and they may rebel as right wing Tories have done over Cameron's positions on abortion and Europe policies. However, in a Parliamentary vote, Cameron would be able to rely on votes from Liberal Democrats, who are in his government, and the opposition Labour Party. These parties are not only historically LGBT rights supportive but their respective leaders, Ed Milliband and Nick Clegg publicly support same-sex marriage.
2. Scotland
Scotland is governed by the independence seeking Scottish National Party, who won reelection in a landslide and major victory in May (it was the first time any party had won a majority in the Scottish Parliament....they have this bizarre electoral system that rewards losers in order to avoid having political parties win majorities....it's kind of like turning elections into an episode of Oprah where everyone wins a car).
There's a few things to note here about this party. Don't be confused by use of the term "Nationalist", it means something different. They're not a bunch of racists and are instead a center-left party that seeks Scottish independence (or some of them seek a thing called "Devomax" which is not total but near independence). Their version of nationalism is not based on ethnicity but instead the geographical area that was historically the independent nation of Scotland. They don't have much in common with right wing "Nationalist" parties elsewhere. Instead Scots Nats have far more in common with local independence movements in the U.S. like those who fought for the creation of West Hollywood, CA or the failed San Fernando Valley seccesionist movement. They have the same goals as those groups who have led movements to restore independence to Vermont and Hawaii (though NOT Texas).
It's hard to really compare the SNP to any political party in the U.S. since they're decidedly center left unlike the ultra right wing Alaskan Independence Party (the one that Sarah Palin's family belongs to). If they're like any political party though they're probably the most like the D.C. Statehood Party ideologically (both aligned with the Green Party, both center-left, both in favor of local governance, both good at winning special elections.....with the obvious difference that Scots Nats seek complete independence from the UK).
In any case, this center-left party (like their American D.C. Statehooder cousins) favors LGBT rights and is pushing for the legalization of same-sex marriage. One of their members of Scottish Parliament, Joe Fitzpatrick, is openly gay as is one of their prominent European Parliament members, Alyn Smith. Leaders of the SNP have expressed their support for legalizing same-sex marriage including First Minister Alex Salmond and SNP Deputy Leader Nicola Sturgeon. Salmond even made an It Gets Better video (no subtitles are needed).
http://www.youtube.com/...
The SNP has also condemned the gay blood ban.
http://www.pinknews.co.uk/...
Helping matters in Scotland's Parliament is that the opposition is largely LGBT-friendly too. The second largest party in Scottish Parliament is Labour. Labour has pushed through just about all the major peices of LGBT rights legislation in the UK and Scottish Labour is traditionally no different. Of the three smaller parties within the Scottish Parliament, the Scottish Liberal Democrats have a history of favoring LGBT Civil Rights and have had openly gay members of the Scottish Parliament, Scotland's Green Party is led by an openly gay member of the Scottish Parliament, Patrick Harvie, and even the Scottish Conservatives have an openly lesbian member of Scottish Parliament, Ruth Davidson (who incidentally David Cameron favors for leading the Tories in the Scottish Parliament).
Conclusion
It is likely that same-sex marriage will be legalized in the United Kingdom. However, it is far likelier that it will be legalized in Scotland first, likely within the next year while it may be a while before legalization occurs in England and Wales and may take a few years (a bill is likely to be introduced in 2014 or 2015). Either way, both will be great victories for our LGBT brothers and sisters in the UK.