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James Debono
Just a day after the election of the conservative and sworn opponent of same sex marriages, Cardinal Ratzinger as Pope Benedict XVI, the Spanish Lower House of Parliament approved the right of gays to marry and adopt children.
After legalising gay marriages and adoptions, Spain could become a lucrative destination for Maltese gay and lesbians seeking greener pastures.
In an interview with MaltaToday, gay rights campaigner Sandro Mangion warns that Malta is already experiencing a ‘gay drain’ to more liberal European countries. Apart from Spain, gay marriages have so far been recognised in Calvinist Holland and Catholic Belgium.
But various forms of gay partnerships have been introduced in 12 other EU countries (see a gay guide to the European Union below.)
After raising a family in Spain some of the “exiles” from Malta’s strict morality codes might express a desire to return to their homeland. Yet the prospects they could face upon returning could be foreboding. Minister Tonio Borg informed MaltaToday that the Maltese state will not recognise same sex marriage legally contracted in Spain.
The Legal Aspect
Speaking to MaltaToday the Minister for Home affairs Dr. Tonio Borg is unequivocal on the issue.
“According to Maltese Law, marriage is the union between one man and one woman. Marriage between two persons of the same sex is considered against public policy and therefore not recognised in Malta.”
As regards adoptions, Tonio Borg is also unambiguous:
“Maltese Law allows adoption by single persons through a Court Decree, but does not permit adoption of a child by two persons of the same sex or by unmarried couples. Because marriage between persons of the same sex is not recognised in Malta, such persons are not considered as married and therefore cannot adopt a child.”
Family lawyer Dr. Yana Micallef Stafrace confirms that the Maltese government is not obliged to recognise same sex marriages contracted in a foreign country. “Marriages contracted abroad have to conform to the Maltese definition of marriage, that of a union between a man and a women.”
The political aspect
None of the three Maltese political parties have expressed themselves in favour of same sex marriages and adoptions by gay and lesbian couples.
Alternattiva Demokratika-The Green Party in its manifesto proposes the recognition of same sex partnerships through civil partnerships.
In its 2003 electoral manifesto The Malta Labour Party proposed that “the relationship of long-standing couples will be regulated by law to ensure no-one suffers if the relationship ends.” The party did not specify whether it was referring to both heterosexual and homosexual partnerships.
The MLP had also promised not to permit discrimination or marginalisation due to sexual orientation.
Interviewed by MaltaToday in January 2005 MLP spokesperson on social affairs Marie Louise Coleiro declared: “On a personal level I do not agree with gay marriages. But if a gay person is living with his partner under the same roof I agree their civil rights should be protected by law. If they bought a house together and one of the partners dies, the living spouse cannot simply lose all the rights on the house.”
Back in 1998, the Nationalist Party had proposed the recognition of the rights and obligations of heterosexual couples, but this was not meant to apply to homosexual couples. Vice Prime Minister Tonio Borg is very adamant in opposing gay marriages: “Spain is free to adopt whatever policies it deems right. On the other hand Malta has the right not to recognise marriage between two persons of the same sex, wherever they may happen.”
But is Malta denying a fundamental human right by not recognising same sex marriages?
Speaking to MaltaToday philosopher Kenneth Wain argues that the idea that gay marriage is fundamental human right can be easily contested. “A more promising argument is that it should be regarded as a civil right, on the grounds that marriage is a good that all citizens should have the right to enjoy.”
The Church
Professor Kenneth Wain argues that the recognition of gay marriage as a civil right would only count for civil marriages as “religious institutions have the right to self-regulation in this respect.” On the other hand the Catholic Church has never accepted such a rigid distinction between the lay and the secular world, arguing that marriage is a universal human value.
The Maltese Bishops have repeatedly denounced same sex marriages. Seminary rector Dun Anton Gouder is one of the most vocal critics of those calling for the recognition of gay marriages or unions in Malta.
Speaking to MaltaToday in the aftermath of the Spanish decision to legalise gay marriages, Dun Anton Gouder deliberately refrains from using religious arguments to back his case against gay marriages and unions.
Speaking to MaltaToday Dun Anton Gouder insists that “Marriage has a meaning which goes beyond individual desires and choices and that meaning cannot be fulfilled by persons of the same sex.”
Philosopher Kenneth Wain disagrees with Gouder’s view that marriage has any intrinsic characteristics. “Empirical, historical and anthropological evidence shows that the institution of marriage not only varies between cultures but varies within the same culture over time. Our current Western model is not all that old, developing with the modern bourgeoisie.”
On the other hand Fr Gouder insists that human sexuality has a procreative purpose which cannot be adequately achieved simply by acts of sexual intercourse. “In same-sex marriages, it is not only the unity of love and procreation that is at stake, but also the social implications of sex and its reproductive potential.”
Dun Anton recognises the fact that the law cannot compel a married couple to have children. “But law does require that marriage be modelled according to the procreative nature. It is only in this manner that community renewal occurs, through procreation. This can only be achieved through a union between a man and a woman.” Fr. Gouder acknowledges that one of the major arguments put forward in favour of same-sex marriage is to be able to inherit each other’s possessions, share income and wealth, and to promise to care for each other in times of difficulty. “Most of these can be secured through legal contracts. Why don’t homosexuals follow this procedure?”
Dun Anton is adamantly against the adoption of children by homosexual couples.
Fr Gouder insists that the best interest of the child is best served by being reared by a married heterosexual couple. He insists that children brought up in same-sex households would be deprived of the experience of either fatherhood or motherhood. “As a consequence, they will grow up without experiencing first-hand three of the most important relationships required for social development; the relationship between husband and wife, mother and father and male and female.”
He cites a report published in American Sociological Review in April 2001 which found that children of gay couples were more likely to be confused about their own sexual identity, more likely to engage in homosexual relationships and more likely to be promiscuous.
Wake up call?
But should the Spanish decision be seen as a wake up call for the Maltese Church?
Spain and Malta do share a Catholic and Latin heritage. Yet Spain unlike Malta had experienced a civil war pitting Catholic fascists against anarchists in the 1930s and a Fascist dictatorship known for its ties with the Opus Dei movement. The prestige of the Spanish Church was undermined due to its links with the dictatorship.
Most likely for the foreseeable future Maltese gays and lesbians will have to seek official recognition of their love in foreign states.
jdebono@newsworksltd.com
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