Same-sex couples will for the first time get their relationship recognised by the State on the same lines as marriage, according to a Civil Unions Bill.

The six-page Bill was published yesterday by Civil Liberties Minister Helena Dalli and a parliamentary debate on it is expected to start tonight.

The Bill allows gay and opposite-sex partners to contract a civil union and guarantees equal rights and obligations to those enjoyed by married couples in all spheres of life.

It is modelled on a Danish law introduced in the 1980s that granted same-sex couples a status equivalent to marriage in all but name.

Civil unions, like civil marriage, will be contracted in front of an official of the public registry or a mayor.

The Bill also makes provisions for the recognition of gay marriages contracted abroad.

In the presence of gay rights campaigners, who form part of the Government consultative council on gay rights, Dr Dalli said Cabinet had taken on board the entire legislation proposed by the council.

Dr Dalli said the Government’s electoral mandate was to introduce civil unions but this was a point of departure rather than a point of arrival.

“We are bound by our electoral programme but this is not a law cast in stone and it will evolve along with society,” she said when asked why the Government had not opted for gay marriage.

We are people before we are straight, gay, black, white or red

Asked about the anomaly that will be created by the recognition of gay marriages contracted abroad – a similar situation used to exist with divorce before it became legal in Malta – Dr Dalli said this was “a positive anomaly to have” because it could push society towards more change in the future.

‘Underlying principle is equality to marriage’

Dr Dalli gave a diplomatic answer when asked whether she agreed with gay marriage: “I am not here to express a personal view but my actions over the past months indicate where I wish to arrive.”

She said society had to shun discrimination and everyone had a right to live a happy life. From a social and cultural aspect more had to be done to educate people, she added.

“We are people before we are straight, gay, black, white or red.”

Neil Falzon, a human rights lawyer who helped draft the Bill, said the law did not need to enter into specific details because the underlying principle was equality to marriage.

This means that in all areas of life, including the filing of tax returns, the adoption of children, inheritance, pension rights and access to social services, gay partners will have the same rights as married couples.

However, Dr Falzon did acknowledge that the in-vitro fertilisation law approved by Parliament last year was in conflict with the Civil Unions Bill and had to change.

The IVF law only allows parents of opposite sex to undergo the procedure and criminalises surrogacy and sperm and egg donation, which effectively bars gay couples from the procedure.

Cyrus Engerer, who heads the government consultative council composed of gay rights campaigners, said the council would make representations with Cabinet to have the IVF law changed.

Dr Falzon said the Civil Unions Bill was a very important step for the LGBT community and “a first step towards total equality in marriage”.

His views were reflected by Gabi Calleja, head of the Malta Gay Rights Movement.

“Our aim remains equality in marriage and this law is the closest we can get to marriage without calling it so.

“A lot of couples will benefit from this law because it solves practical problems they face on a daily basis,” she said.

Ms Calleja singled out the Prime Minister and thanked him for his support to push this law forward. She also thanked all those who in the past decade campaigned for equality for the gay community.

During the press conference Dr Dalli said a Private Member’s Bill proposed by Opposition MP Claudette Buttigieg, to include provisions against discrimination based on sexual orientation in the Constitution, would start being discussed in Parliament tomorrow.

Snippets of change

☐ Surname

Partners in a civil union can opt to choose the surname of one of the parties, retain their own or add to it the surname of the other partner.

☐ Parents

The names of the mother and father will be substituted by the names of the partners in a civil union whenever a law or administrative measure requires parents to declare their names.

☐ Marriage abroad

Gay partners who get married abroad will have their marriage officially recognised by the State.

☐ Wife and husband

Any reference at law to wife and husband is construed as a reference to partners in a civil union.

☐ Bigamy

The law prohibiting bigamy in marriage will also apply to partners in a civil union.

☐ Different-sex partnerships

Opposite-sex partners can also opt to contract a civil union instead of marriage.

ksansone@timesofmalta.com