Civil Partnerships - Essay Example

? In the struggle for equality, Civil partnerships have been viewed as a triumph. Do they signify the achievement of full equality or are they merelya gesture towards human rights? (An essay) Introduction In the struggle for equality, civil partnerships have been viewed as a triumph. Do they signify the achievement of full equality or are they merely a gesture towards human rights? Before proceeding to the main discussion of the topic, it would be more relevant to lay down first what the civil partnership is. Civil partnership is also known as the same-sex marriage or gay marriage. This refers to the marriage between the two people of the same biological sex or social gender and is legally or socially recognized. The occurrence of the civil partnership between the couple gives them the advantage of similar treatment as well as benefits the same as any married couple (CivilPartnershipInfo.co.uk, 2006). Since the early part of the twentieth century, number of countries has begun formalizing same-sex marriage legally by which this has been recognized by some other conservative nations as civil, political, social, and religious issues. The issues regarding the civil partnership or same sex marriages are all about the conflict whether the same sex-couples must have the rights of marriage, use different status as stated in the civil unions and be granted the equal rights as of marriage or either limited rights compared to marriage, or not to be given any of the said rights. Many arguments arise regarding the issue between the people that support same-sex marriage and those that are against. An argument that supports same-sex marriage expressed and claims that the reason behind the denial of the same-sex couples legal access to marriage as well as the benefits that it incorporates signifies discrimination that is based on sexual orientation. It is also claim by the supporters that the financial, psychological, and physical comfort and security are improved by marriage which benefitted by the children of the same-sex-couples by being raised by two parents that is legally recognized union (Rosie Harding, 2011). The rejection for the use of the word “marriage” to be applied to the same-sex couple has also been an argument by those that are against the same-sex marriage, the same as the objections about the status legally and socially of the marriage itself being applied to same-sex partners. Other arguments are presented directly and indirectly concerning the consequences of same-sex marriage regarding the parenting and tradition. Pursuit of Equality There was a domino type effect regarding the movement in the same-sex marriage since the 2001 debut in the Netherland. Up to date, its legal status was fully secured in 13 areas of responsibilities within the three continents: Europe, America and Africa. In Europe, the legalization of the same-sex marriage was driven by the gays and lesbians to the government as their right that lead the way to the legalization of the same sex marriage. The same pattern was also observe in the US and this step by step approach lead to a positive effect of attaining three prominent milestones which is the decriminalization of homosexuality, anti-discrimination legislation and partnership legislation. At the present, the government is demanding its people to respect and to have the equal treatment among the gays and lesbians and certain measures would be given to the transgressors. There should be an equal treatment among everyone in the society regardless of the sexual orientation; this creates a big question as to why same-sex couples are not enjoying the rights as well as the benefits compared to the married heterosexuals. This issue opens the awareness that attracts suspicion that the treatment to same-sex couples are second class citizen and definitely under the second-class institution. Therefore, there will only be equality upon the legalization of the same-sex marriage if logically, treatment in all manner of life will be identical (Lee, M.Y.K., 2010). As the arguments between civil partnership and marriage arise, an element of contradiction is also manifested in countries where same sex-marriage is not accepted. In some countries where same-sex marriage is legally recognized, debates and arguments about the equality has been the point of contention. It is claim that the civil partnership and marriage are essentially equal and should both have the access in the same institutions. However, two things that are essentially the same and called something differently is irrelevant – so in the fundamental nature civil partnership and marriage are just the same thing but with different names. It clearly conveys that civil partnership is in a form of inequality wrapped by the law, aside from the fact that same-sex couples found to be excluded from the legal institution of marriage but in the same thing that the different-sex couples are excluded from the civil partnership. The understanding of equality has lost the essence having different treatment legally in the same and different-sex couples. Civil partnership, therefore, could be considered as unjust, unfair, and unequal. Its creation is contempt of the objectivity of the law by making up something that is identical to marriage but has a different name, so it directly conflict the true conceptualization of what equality means (Rosie Harding, 2011). Civil Partnership as Rights A judicial and legislative attitude finds no way of turning back in dealing issues of same-sex marriage and instead, finds to be the right moment in time starting examining the adoption of the new apartheid South African Constitution in 1996. It is the first human rights instrument in the world that promotes the right to freedom from discrimination on the ground of sexual orientation considers being the milestone in the world legal history. This has also brought good effect in the judicial interpretation about the sexual orientation in relation to general anti-discrimination rules that previously ignored. The demand rises and the claim were pushed when the same-sex couples seek treatment the same way as the opposite-sex married couples. The attempts to access the marital rights continue not only in some parts of Africa but elsewhere. Once it is accepted, the same-sex couple will have the same treatment as the opposite-sex couple and it would be very hard to resist and argue the rights and that the treatment must be fair in the longest range of possibility. Some of the existing laws that identify the criminalization of the male-male sexual activities were manifested as the initial and the earliest consequences in the adoption of the South African Constitution. This was strike down and the decision was based on the arguments of equality inline with the concept of human dignity. Same thing was observed, manifested and later achieved all over Europe. Article 8 of the European Convention is addressing the respect to individuals’ private lives. In Northern Ireland, the restriction of the male-male sexual activity is very intact and it directly breaches the Article 8 in the European Convention. According to the Article 14 of the European Convention, more differential ages amounting to unlawful discrimination has recently held by the European Court of Human Rights. The United States of America has presently mandated the decriminalization and in fact the present ruling of the Supreme Court over ruled its first decision in the framework of the rising worldwide consensus regarding the right of the adult people of the same sex to have an engagement and be entitled of each others intimacy, consensual, and sexual activity. The door for relationship recognition opens when the decriminalization of such act was promulgated but this was not easily given like the other rights, but through intense and massive move of the lesbian and gays and it come in stages. In Canada, the first attempt of the lesbian and gays in fighting for equality was held when a lesbian claims that her case be treated the same way like the opposite sex but unmarried couple and the Supreme Court allowed her claim. Regarding the Supreme Court decision, federal and provincial legislatures responded law reform in a comprehensive manner and in effect, the same sex couples put in the position of unmarried couples. Same situation happened in the United Kingdom. At the present, in view of the non discrimination provision of the European Convention on Human Rights, there is a high possibility in the expectation for the same sex couples to access all United Kingdom statutory rights and responsibilities were bestow to unmarried couples (Norrie K.M, pp.249-253). Civil Partnership: Triumph or not In most of the people worldwide, protection of gays and lesbians against heinous crimes and discriminations had been supported but when it comes to same-sex marriage, it was treated as threatening. Advocates for the rights of the lesbian and gays achieved prominent success in securing their rights and defeat public notion that it is a threat. Public opinion plays a special role in the influence not only which side prevails in the struggle of the gay and lesbian rights but also in the pace on how the policy would be changed. In respect to this, it is relevant to say that public opinion stood on the side of the gay rights opponents because the changes occurs more quickly in changing the policy compared when the favour was given on the side of the gay rights advocates. The impact of the high levels of oppositions against gay marriage manifested in the enactment on the marriage bans on some states within a decade. The achievement on the protection of gays and lesbian against hate crimes and discrimination specifically in the workplace has taken much longer time. There are only few states that cover rights laws favourable to gay marriage than ban gay marriage. The people, who feel threatened, which is the majority, have the tendency to act quickly in protection of their own perceive self interest compared to people who does not feel threatened (Mucciaroni, G. 2008). Conclusion Claiming the success for the gay right advocates, the judicial policymaking body could be define as more conducive or favourable compared to when the issue is undertaken in the legislative venues. The involvement of the courts regarding the issues is also being manifested and considered, and now, there is mix record on helping in the expansion regarding the protection of the lesbian and gays and in materializing the same-sex marriage and civil unions. As the legislative bodies enacted bans on the same-sex marriage, they have also facilitated how the public support on the same-sex marriage be translated into a policy. Institutions have been claiming the success in the policy regarding the same-sex marriage, in spite of the fact that there is heavy existence in the control on the part of the public support for gay’s rights. The Gay rights advocates claim the success only when it comes to dealing with the protection by passing laws with regard to the hate crimes and discrimination compared to passing laws concerning the civil rights. Even the public gives overwhelming support to the protection of the gays and lesbian against the hate crimes and discrimination but not when it comes to same-sex marriage. Bibliography 1. CivilPartnershipInfo.co.uk (2006). The free guide for gay and lesbian couples in the UK considering a civil partnership. Retrieved on April 27, 2011 from http://www.civilpartnershipinfo.co.uk/ 2. Harding, R. (2011). Regulating Sexuality: legal consciousness in lesbian ad gay lives. Taylor and Francis Group, New York, USA. Pp.126-133 3. Lee, M.Y.K. (2010). EQUALITY, DIGNITY, AND SAME-SEX MARRIAGE: A Right Disagreement in Democratic Societies. Brill, Hotei Publishing, Leiden, The Netherlands. 4. Norrie, K.M. Human Rights, Marriage and Civil Partnership for Same-Sex Couples: The International Imperative. Vol. 1(1-2),pp.249-253 5. Mucciaroni, G. (2008). Same sex, different politics: success and failure in the struggles over gay. The University of Chicago Press. Chicago, USA. 6. Marriage Equality (2011) Civil Marriage for Gay and Lesbian People. Retrived on April 29, 2011 from http://www.marriagequality.ie/learn/civilpartnershipbill/ 7. Belge, K. The Difference Between Marriage and Civil Unions. Retrived on April 29, 2011 from http://lesbianlife.about.com/cs/wedding/a/unionvmarriage.htm Read More