Gay-Marriage1
Government has acknowledged that the concept of consummation will not apply to members of the same-sex

The campaign to introduce same-sex ‘marriage’ has descended into a farce as Government is acknowledging that the concept of consummation and non-consummation will be inapplicable to ‘marriages’ conducted by homosexuals.

In it’s response to the consultation on same-sex ‘marriage’, published earlier today, Government has conceded that two homosexuals can never be one flesh. 

Just as same-sex ‘marriages’ will be incapable of consummation, so Government has also decided that it will be impossible for anyone to commit adultery with a member of the same sex. The only way a homosexual will be able to commit adultery will be to first become heterosexual or bisexual.

In footnotes, the Government say:

10 Consummation is defined in English common law. Consummation requires ‘ordinary and complete’ sexual intercourse. Penetration for a short period without emission inside or outside the wife has been held to be incomplete intercourse and, therefore, not consummation of a marriage (see W (otherwise K) –v- W [1967] 3 All ER 178n).

12 Adultery is currently defined as follows: there must be at least partial penetration of the female by the male for the act of adultery to be proved. The attempt to commit adultery must not be confused with the act itself, and if there is no such penetration, some lesser act of sexual gratification does not amount to adultery (c.f. Dennis v Dennis [1955] 2 ALL ER 51 2WLR 817).

The latter is an open admission that whatever homosexual couples get up to in their bedrooms – or bathrooms – these are ‘lesser acts of sexual gratification’.  In reality, the Government are admitting that ‘gay marriages’ are not marriages at all.  They are a joke.

To make it even more ludicrous, the Government say, ‘The vows which are spoken as part of the marriage ceremony are able to remain the same, with couples being referred to as ‘husband’ and ‘husband’, or ‘wife’ and ‘wife’ for legal purposes.’  One would need a heart of stone not to laugh.

If Parliament passes the gay marriage bill, then same-sex couples will be able to legally ‘marry’ in England and Wales, but it will not affect Scotland or Northern Ireland. The law would also allow a person to legally change his or her gender while remaining married.

Meanwhile, Scotland has introduced its own plans to introduce same-sex ‘marriage’ and have already published proposed legislation in order to gather feedback from the public. Their current consultation will run until 20 March, 2013.

A Two-Tier System

The implication of Government’s response to the consultation is a two-tier system, in which same-sex ‘marriages’ will be governed by a separate infrastructure to that of traditional marriages. The four main areas where this difference would be evident are:

  1. Consummation. The document says that Government is “proposing to create an exception for same-sex couples in a marriage, meaning that they would not be able cite non-consummation as a basis for annulling their marriage.”
  2. Adultery. Government continues to define adultery as involving “at least partial penetration of the female by the male” and this act continues to be grounds for divorce. Thus, same-sex couple will not be able to cite adultery as grounds for divorce unless one partner has become involved with someone of the opposite gender.
  1. Civil Partnerships. Civil partnerships will continue to only be available to members of the same-sex, who will be free to convert the civil partnership into ‘marriages’ should they desire. This provision will continue to be unavailable to heterosexual couples.  This may well be a temporary state of affairs if the take-up of civil partnerships dwindles in comparison to that for ‘gay marriages’.
  2. Church Services. By law the Church of England will still only be allowed to offer marriages to heterosexual couples. Other denominations will be free (at least ostensibly) to make up their own minds.

Because same-sex couples will be falling under a separate legal infrastructure to that of heterosexual couples, it will be only a matter of time before some mischievous heterosexual cries, “Not fair! We must have access to the same type of marriage that same-sex couples can enjoy.” Or visa versa.

Further Reading

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