Lesbian and Gay rights
Two steps forward
At one level the last few weeks has been breathtaking in terms of lesbian and gay politics. First there was the victory in the European Court against the ban on lesbians and gay men serving in the military. - a victory for civil rights - if not one most of my friends would have any wish to exercise.
The media gave a lot of exposure to the story about the two British gay men who were having surrogate twins - at a cost that most lesbians in particular must have shuddered to read.
Certificate
The victory there was the right, won in a US court, of the pair to have their names on the birth certificate.
Still, it’s not a path that many of either gender could afford to go down whether or not we want to. More significantly, in the area that remains most taboo for lesbians and gay men was the statement of Dame Elizabeth Butler Sloss, President of the high court family law division who in October said that children could be successfully brought up by gay couples.
The most significant decision however came with the redefinition of "family" by the law lords following the battle of a gay man over succession rights. On October 29, Martin Fitzpatrick won a ruling that he could inherit his partner’s tenancy. Legal experts have stated that the ruling can be the basis for challenges in other areas of the law where the concept of " family" is used.
Many on the left may assume that the right to inherit is only important to the ruling class They take for granted that property - including a home bought or rented jointly - will go to a surviving partner. They do not expect that people will fight over things with little material value but great emotional significance.
But that is not the experience of may lesbians and gay men, who despite relationships that may be decades long are spurned - sometimes by their partners biological family, sometimes by the state - and sometimes by both.
This is difficult to deal with at the best of times - but when the grief of losing a lover is compounded by becoming homeless, for example, it is truly heartbreaking.
As a child of the sixties, I still hesitate to redefine the family because I would prefer to replace it in a way that was much broader than pairs of lovers of whatever gender, with or without children.
Victory
Despite this, it is clear that the court decision is an important victory - which will materially improve many people’s lives - and undermine the homophobia suffered by far more.
These victories, and others – for example in the immigration field, were the results of long battles. These not only involved the individuals now in the news and their supporters, but countless others who wage the same or similar battles previously but were not successful.
The most recent developments in the battle for lesbian and gay rights - the announcements in the Queen’s speech that section 28 will be abolished and the age of consent equalised are also the product of long campaigns. (though marred by the introduction of the so-called protection of minors law being brought in alongside it)
Abolition
The abolition of Section 28, already agreed in Scotland, is a huge victory. Though no cases have been brought under the act, it has resulted in self-censorship by local authorities. If anyone doubted its impact then just look at the rate of suicide amongst young lesbians and gay men denied not only positive images but any images at all.
But there is a key area in which campaigners are disappointed by the Queen’s speech and determined to put a good deal of further energy – the absence of proposals for comprehensive anti-discrimination legislation. It remains perfectly legal at work and in the provision of goods and services to discriminate against lesbians and gay men.
The government has suggested a voluntary code of conduct but this will do nothing to change the situation - those that will implement it are not the ones that sack us! The battle will continue - with new energy from these recent successes.