This Bill, for the first time in British history, fundamentally seeks to break the existing legal link between the institution of marriage and sexual exclusivity, loyalty, and responsibility for the children of the marriage. If the Bill passes, several previously foundational aspects of the law of marriage will be changed to accommodate same sex
couples: the common law presumption that a child born to a mother during her marriage is also the child of her partner will not apply in same sex marriages (Schedule 4, para. 2); the existing provisions on divorce will be altered so that sexual infidelity by one of the parties in a same sex marriage with another same sex partner will not constitute adultery (Schedule 4, para. 3); and nonconsummation will not be a ground on which a same sex marriage is voidable (Schedule 4, para. 4).
Marriage thus becomes an institution in which openness to children, and with it the responsibility on fathers and mothers to remain together to care for children born into their family unit, is no longer central to society’s understanding of that institution (as reflected in the law). The fundamental problem with the Bill is that changing the legal understanding of marriage to accommodate same sex partnerships threatens subtly, but radically, to alter the meaning of marriage over time for everyone. This is the heart of our argument in principle against same sex marriage....
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