Same-Sex Marriage Policies - Case Study Example

Same Sex Partnerships 1.0 Introduction: Like many nations around the world, the issue of same-sex marriage has been a long fight. The issue of same sex marriage was long held hostage by the Matrimonial Causes Act of 1973 which expressly addressed same sex marriage and stated the marriage was exclusively between a man and woman (Newton 2010, p. 91). Since that time the fight to gain acceptance for same-sex marriage as a legal policy has gone through a series of steps including a medium step of allowing civil partnerships that did not include the term marriage as a definition. The change in public policy has undergone numerous revisions until now, in 2013, same-sex marriage will be accepted as a legalized state. 2.0 Same-Sex Marriage Policy Reforms One of the first instances of policy about same-sex marriage was set in 1866 when in Hyde v Hyde Lord Penzance stated that “Marriage as understood in Christendom, may be defined as the voluntary union for life of one man and one woman to the exclusion of all others” (Family Law 2007). This definition continued to be the policy in the UK for a long period of time and was reaffirmed in the Matrimonial Causes Act of 1973 where it was established that “a marriage is void if ‘the parties are not respectively male and female” (Newton 2010, p. 91). The definition of marriage continued into the 21st century, but in 2004 the Civil Partnership Act provided for a means for same-sex partners to create legal unions with each other. However, this still did not include the concept of marriage and religious ceremonies were not a valid form of creating the union. These partnerships had to be made in civil ceremonies to be legal (Harding 2010, p. 16). The first step towards allowing same sex marriage was taken in 2005 when civil partnerships became legal through the Civil Partnership Act of 2004 and allowed for the same consequences that a couple would experience in opposite sex marriage (Dallas and Draper 2010, p. 196). However, the word marriage would not be legally used for same-sex unions. In January of this year the first reading of the Marriage (same-sex) Act 2012-2013, 2013-2014 to allow same sex marriage was accomplished, with the second reading occurring in May. With the third reading it is expected that the Bill will be passed (Smith-Spark 2013). The Marriage (same-sex) Act 2012-2013, 2013-2014 will legitimize marriage for same-sex partners as long as they follow the Marriage Act of 1949 just like any other couple who chooses to marry (Smith-Spark 2013). 3.0 Analysis 3.1 Industrialism and Globalization In looking at the issue of same-sex marriage at the macro level it can be seen through the lens of the logic of industrialism stance (Hudson and Stuart, p. 8). The logic of the industrial stance means that through industrialization the developed nations have social policies that are aligned and coming into change at relatively the same rate. Developed nations of the Western world are seriously considering the issue of same-sex marriage. An example can be seen through the right for women to vote which came at roughly the same point throughout North America and Europe where industrialization was on the same course and roughly the same time frame. Same-sex marriage is following this same course as the debate has emerged in North American and Europe, with many nations having ratified policy for same-sex marriage and some still deep in debate over the issue. Same-sex marriage can also be seen through the lens of globalization. According to Hudson and Stuart (2009, p. 17) globalization is one of the key issues for the macro environment of policy change because the world is more connected which impacts the way in which states must think about their policies. Same-sex marriage became a global issue during a lawsuit from Sue Wilkinson and Celia Kitzinger who married in Canada and then used the lawsuit to try to have their marriage recognized in the UK (Equal Marriage Rights 2013). Marriage between heterosexual couples cross state boundaries and are recognized, but same-sex marriage does not carry that same legal protection. Same-sex marriage is a global issue because a couple who has rights where they marry are not legally able to carry them into other parts of the world which is very different than the rights of heterosexual couples (Haviland 2010, p. 24). 3.2 Policy Networks and the Rhodes Model The meso level is framed by policy networks. These networks act as filters through which change is made. Through tensions between those for and against a change, the adaptation to that change is formed (Hudson and Stuart 2009, p. 161). The primary opposing force against the Bill has been Prime Minister David Cameron’s Conservative party. However Cameron is in support of the Bill, his support has cost him some of the supporters that he had in his party. The Labour Party allowed for the Bill to stay on course and an amendment which would have negated much of the Bill was put down. The amendment was intended to extend civil partnerships to heterosexual couples with the effect of equalizing the status of those unions. Maria Miller who is the Minister for Women and Equalities and had sponsored the Bill argued successfully that the amendment would have killed the Bill through the expense and delay that would be the result (Smith-Spark 2013). The process of getting this act passed can be examined as the meso level because the debate on this topic has been filtered through the various representations of beliefs by differing parts of the population. The policy networks involved create incremental changes which support policy continuity. The slowed rate of change occurs because of the tensions that come from opposing viewpoints which means that radical change is rare in a society. The Rhodes Model shows that it is clusters of organizations that create the process of policy change. In this case, the homosexual communities, the heterosexual communities that empathize with same sex couples and policy makers with interests in the change all collaborated in order to move the legislation through the process. The cluster consisted of parties that would benefit from the outcome of the policy. These even included religious leaders who felt their opposing viewpoints were relevant to the issue. The Labour Party has representatives which are debating for the creation of same-sex marriage in order to reflect public beliefs, while the Conservative Party is acting against the Bill, trying to represent those who are opposed to the idea of same-sex marriages. 3.3 Acceptance and Individualism One of the problems that exist at the micro level is whether or not individuals will accept same sex marriage. The structure theory of micro level analysis pre-supposes that through creating a structure in which the social construct will be enacted, acceptance will follow (Hudson and Stuart 2009, p. 9). Same-sex marriage will be affected by the constraints that society puts on the topic, while the predetermined outcome of allowing same-sex marriage will be defined by the structures put into place at the meso level by legislators. Same-sex marriage will likely be a part of the issue of creating same-sex acceptance as a norm as it has been since the 1960s. Creating individual acceptance means changing the underlying beliefs of the heterosexual population and the population as a whole. Belief that same-sex relationships are natural and deserve legal status is important in order to further the cause of harmony within the social environment. Acceptance is the key to creating a world in which being in love is not against the social norm. 4.0 Conclusion Examining any problem that has been solved through legislation means looking at the trend that caused the change, the methods through which the change was made, and the impact at the social level. The macro, meso, and micro levels all promote change in different ways. At the macro level, the logic of industrialization is a clear indication of the social environment of this cause. The Western developed nations are all at the relative same place on this issue with some states having approved same-sex marriage and others having debated and still in debate over legislation on the matter. At the meso level, the United Kingdom has put the issue through the political machine, a sponsored bill having been debated and on the cusp of being approved. It is the micro level that has yet to be fully developed. Although up to this point the social environment was without a real structure for marriage, with the passing of this Bill the change will be significant. From a sociological perspective it will be interesting to see how the change in legislation changes the overall view point on the meaning of marriage. Although the shift in meaning is one of the threats that opponents often use as a reason to deny same-sex marriage, the institution will likely be revitalized with even more meaning and without the constraints that keep it placed in archaic meanings, allowing gender inequality and domestic violence as it exists in today’s society. Bibliography Dallos, R., & Draper, R. (2010). An introduction to family therapy: Systemic theory and practice. Maidenhead, England: Open University Press. Equal Marriage Rights. (2013). [Online] Retrieved from http://equalmarriagerights.org/, accessed 28 May 2013. Family Law. (24 April 2007). Hyde v Hyde: Defining or defending marriage. [Online] Retrieved from http://www.familylaw.co.uk/articles/hyde-v-hyde-defining-or- defending-marriage, accessed on 27 May 2013. Harding, Rosie. (2010). Regulating sexuality: Legal consciousness in lesbian and gay lives. London: Taylor and Francis, Inc. Haviland, W. A. (2010). Anthropology: The human challenge. Belmont, CA: Wadsworth/Cengage. Hudson, John. And Lowe, Stuart. (2009). Understanding the policy process: Analysing the welfare policy and practice. Bristol: Policy. Newton, D. E. (2010). Same-sex marriage: A reference handbook. Santa Barbara, Calif: ABC-CLIO. Smith-Spark, Laura (21 May 2013). UK lawmakers debate same-sex marriage bill. CNN. [Online] Retrieved from www.cnn.com, accessed 25 May 2013. Read More