Issue link: https://maltatoday.uberflip.com/i/195525
15 News maltatoday, SUNDAY, 20 OCTOBER 2013 2013 In the wake of parliamentary discussions on the Civil Liberties Act, MIRIAM DALLI meets with happily married couple David Simchik and Antoine Spiteri on what this historical political move could really mean for gays in Malta Antoine Spiteri (left) and David Simchik more on their families rather than worry whether they will be able to afford the cost of remaining together or whether they will be able to find a stable job in a strange new land," Antoine says. However, like Alternattiva Demokratika, gay activists insist that true equality will only be achieved when LGBT couples will be able to marry like heterosexual couples. They believe that only then would true equality be achieved. Antoine conceded that many would rebuff the use of the term civil union, while expecting nothing short of full equality. Having lived in the US, he makes a historical comparison with the time when black people were given the 'separate but equal status' (they were made to use separate public facilities from white people). "We know that in time, this difference in status will also be rectified, but laws and cultures progress much slower than individuals and small groups do," he argues. "Until full equality is achieved, some gay couples may still come across challenges when it comes to some legalities." The Labour Party pledge is that adoptions should be carried out in the best interest of the child, therefore sexual orientation, race or religion of prospective parents would be irrelevant. In Malta, a single LGBT parent has long been able to adopt. David and Antoine describe adoption rights as being very important to gay couples, "not just in situations when couples decide to adopt children, but also in cases where one or both individuals already have children from previous relationships". The two have no plans to adopt, but they still may have their own kids one day, in which case the nonbiological parent would then be regarded as the adoptive parent. "This is not only good for the wellbeing of the family unit itself but also for the children and how they will be viewed and treated by society," Antoine says. After a ground-breaking interview by Pope Francis La Civiltà Cattolica – in which the pontiff said that the Church was too fixated with sexual ethics – Malta's bishops called on Christian MPs to "continue proposing" the Church's teaching on marriage, in a guarded message against civil unions for gay couples. Their pointed warning was for MPs to consider the effects of civil unions for gay people who will be able to adopt children. According to Antoine, the bishops have "cooled" their rhetoric towards gays since Pope Francis has been in power. "This is also a step forward for such a conservative organisation that is so protective of its patriarchal traditions," he said. He added that while individuals and religious groups have the right to express whatever opinion they like, problems arise when those opinions are imposed on the public or when tax money is used to pay for those opinions to be instilled in others, including children. "The Bishops maintain the stance that childrearing should "preferably" be carried out by "a man and a woman". Although entitled to their opinions, the Bishops surely understand that their high social status has a direct impact on how people will feel and act," Antoine adds. He argues that with such status comes a responsibility to ensure that one's words do not encourage or validate violence against specific minorities. "Science has now conclusively demonstrated that the idea that children brought up by gay couples are somehow of a "lesser" status those in straight families is erroneous. Let's be clear about one thing: gays evolved naturally. We are the result of millions of years of evolution and play a crucial social role which transcends culture," Antoine, who is a research scientist, says. He adds that while religions play an important role in society, "they should perhaps focus more on their most productive role: that is taking care of those who are in need of assistance, like the poor, the injured and those with mental health problems". He insisted that the gay community did not want to take religious freedoms away: "We just want the religious to stop trying to take away our own natural freedoms." A 2012 MaltaToday survey on same-sex marriage revealed that an astounding 41% are in agreement. The results showed an overall support increase of 13 points since a 2007 survey. The introduction of civil unions is also an electoral mandate – an issue which was given a solid push during Labour's electoral campaign. The couple argued that while one may still find that many Maltese oppose equality for gays, times have changed. "The public is now aware that gays will not lead to the unravelling of the social fabric. I think more than half of Maltese polled now has no opposition to same sex relationships," Antoine says. The legal reforms, they added, would make it easier for gays to be who they are, even at work. "A pro-gay legal system will make it easier for gays to come out of the closet. As more people come out, negative public perceptions will change into more positive ones. "In time, the general public will be able to see that gays have just as much potential as straight people to contribute to society." What does the law say? Based on the 1989 Danish law, the Civil Liberties Act is only four pages long. It states that whatever applies to a couple signing a civil marriage contract applies to a civil union contract. Civil unions will be available for both homosexual and heterosexual couple. Thanks to the Act, same-sex couples who got married abroad will now have their marriage recognised in Malta as a civil marriage. The latter is indeed an anomaly in the law: in the sense that while a gay couple in Malta can only obtain a civil union, gay couples who get married abroad will have their union recognised as marriage in Malta. The government's argument is that this "positive anomaly" will push society towards more change in the future. In the case of adoptions, the consensus which emerged during the electoral campaign was that this should be based on the child's best interest. Therefore, same-sex couples can now adopt children. Dissolving a civil union carries the same rights and obligations as dissolving a civil marriage.