Perpetuating an anomaly

In an interview, the Archbishop once again referred to “brothers or sisters living together” as one of the categories which needs to be protected by the proposed bill regulating cohabitation. The Archbishop also argued that the state should merely recognize individual rights of cohabiting couples and not the relationship itself.

So ultimately separated people, gay couples and brothers and sisters are being lumped together as individuals and not as people in legally sanctioned relationships.

Hopefully Lawrence Gonzi will not succumb to such reasoning when legislating on this issue. He should keep in mind that the main beneficiaries of a cohabitation regime would be gay and lesbian couples who do not have a right to get marry like heterosexual couples.  This category have no choice between marriage and cohabitation as the former is not accepted. The definitive step towards full equality would the institution of gay marriage.

One step short of this would be civil partnerships on the British model which give gay couples all the legal, social and fiscal rights enjoyed by married couples.

The other category which have no choice between marriage and cohabitation are separated people. The institution of a second class cohabitation regime which recognizes the individual rights and duties also falls short of full equality. Such a mechanism will simply perpetuate the Maltese anomaly where instead of divorcing people end up cohabitating with a new partner without enjoying the same right as married couples.

I suspect this is Gonzi’s way of procrastinating on an issue which fundamentally divides the liberal and the confessional wings of his party. Full equality will only be brought about when these people have a right to re-marry. Cohabitation rights are for people who do not want to marry not for people who are pleading for a second chance. Ironically Gonzi’s procrastination is weakening rather than strengthening marriage. Because Gonzi is putting people who want to marry but cannot because of the current laws, in the same category as people who cohabit out of choice.

In most countries cohabitation laws are intended for those who cohabitate by choice. Many of these live together as a prelude to marriage. Most probably this category of people is the least interested in having the state interfere in their personal life through a cohabitation regime. For these people, registering their relationship to the state should be an option which entitles them to basic rights governing such things as protection from eviction from the common household, and visitation rights in hospital. These also include the brother or sisters who live together.