Thursday, 24 October 2013, 09:30 , by Duncan Barry
Government MP Luciano Busuttil has asked whether Maltese society is ready for the reality of same sex couple adoptions, but said that someone has to be bold enough to make that first move.
Replying to questions put by this newspaper, Dr Busuttil said that legislation (referring to the bill) must go through, but he asked whether the Maltese were ready to accept the concept.
“But someone must be bold enough to make that first move,” he said. Being the chairman of the Consideration of Bills Committee, Dr Busuttil said he is not against gay couples adopting children, “but we need to look at holistic reform” on the subject.
Questioning once again if society is prepared, Dr Busuttil said that what first sprang to his mind was when the first black child attended an all-white school in New Orleans back in 1960, in other words, someone has to make that first bold move.
The child known as Ruby Bridges, used to be escorted by federal marshals past angry crowds so she could attend a previously all-white school at the time. He said that at the time, American society was outraged, because it was something taboo, something that broke the norms of society at the time. “But look at the world now, it is a very different place,” he said.
He also recalled the movie Bridegroom, which tells of the tragic results of homophobia, Dr Busuttil suggested everyone should watch it just to see the hardships that gays must endure.
Bridegroom tells the emotional journey of Shane and Tom, two young men in a loving and committed relationship — a relationship that was cut tragically short by a misstep off the side of a roof. The story of what happened after this accidental death – of how people without the legal protections of marriage can find themselves completely shut out and ostracised – is poignant, enraging and opens a window onto the issue of marriage equality like no speech or lecture ever will.
‘Bill shows government’s resolve to build a fairer Malta for all’ - Prime Minister Joseph Muscat
“The Civil Union bill shows government’s resolve to build a fairer Malta for all. The law is aimed at giving equal rights to gay and lesbian couples whose love has until now been graded as second class.
“This movement had always been on the forefront of furthering civil rights in Malta and will continue to promote equality.
“With regards to adoption, the law sustains what Labour has always said that this should be in the best interest of the child.
“The Consultative Council has done a sterling job in drafting the law and the government is proud with the expedient, yet thorough work that this council has done in collaboration with the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties.”
‘Someone has to make that first bold move’ - Luciano Busuttil
“The civil union bill proposal formed part of Labour’s electoral manifesto, so the bill came as no surprise to me,” Dr Busuttil said.
He pointed out that though the legislation must go through, he questioned whether society is prepared for adoptions by gay couples.
Turning to a film he watched called Bridegroom, which tells of the tragic results of homophobia, Dr Busuttil suggested everyone watches it just to see the hardships that gays must endure.
Bridegroom tells the emotional journey of Shane and Tom, two young men in a loving and committed relationship — a relationship that was cut tragically short by a misstep off the side of a roof. The story of what happened after this accidental death – of how people without the legal protections of marriage can find themselves completely shut out and ostracised – is poignant, enraging and opens a window onto the issue of marriage equality like no speech or lecture ever will.
Being the chairman of the Consideration of Bills Committee, Dr Busuttil said that although he is not against gay couples adopting children, “one will need to look at holistic reform” on the subject.
Questioning once again if society is prepared, Dr Busuttil said that what first sprang to his mind was when the first black child attended an all-white school in New Orleans back in 1960, in other words, someone has to make that first bold move.
The child known as Ruby Bridges, used to be escorted by federal marshals past angry crowds so she could attend a previously all-white school at the time.
Dr Busuttil also questioned whether the registrar of marriages will have to accept two gay people getting married after the Constitution is amended following the presentation of an Opposition motion, calling for no discrimination of the basis of sexual orientation.
‘Government looking forward to a constructive debate with Opposition’ - Helena Dalli
“This Bill is another step in the direction of granting rights hitherto denied to same-sex couples.
“The government appreciates that the Opposition is in agreement with this Bill and looks forward to a constructive debate in parliament.
“The intention of this Bill is to give same sex-couples the same rights as those enjoyed by heterosexual couples.
“Obviously we have also addressed the fact that there are instances where this is not possible; in fact the Bill says ‘Save as provided in this Act a civil union, once, registered, shall mutatis mutandis have the corresponding effects and consequences in law of civil marriage contracted under the Act.’
“Thus, rights and obligations are generally the same but to be altered where necessary.”
With regards to adoption, Dr Dalli said that gay single persons are presently eligible for the screening which qualifies one to adopt a child.
“What this Bill is proposing now is that both partners in a same-sex union may present themselves for scrutiny by the adoptions board.
“It is not a question of having the right to adopt as some are mistakenly saying. Nobody has this right, what we are addressing is the right to be considered for eligibility to adopt as a same-sex couple and which is definitely paramount is the best interest of the child.”
‘There won’t be any intrinsic changes made to the law’ – MP Jose Herrera
“As things stands today, heterosexual married couples or a single person, whether gay or heterosexual, can apply to adopt a child. Now, through the soon to be approved civil union bill, two people, whether they are gay or heterosexual, will be able to apply together to adopt a child, therefore there will not be any intrinsic changes made to the law.
“Furthermore, the Adoption Committee, responsible for applications related to child adoptions, has always placed the interest of the child first and nothing will change in this respect irrelevant whether the applicants are a gay couple or a heterosexual one.
“It’s up to the committee and the courts to see whether the applicant couple is fit to adopt or not based on an individual basis and not on sexual orientation.
“I have no objection to the Civil Union Bill since in substance, the law won’t be changing much, it’s just that gay couples will be able to apply to adopt a child in a legal manner.”
‘Adoption Board will continue to assess parenting capabilities irrespective of sexual orientation’ - Marie-Louise Coleiro Preca
“Government believes in the strengthening of civil rights. This is one of the electoral pledges on which the Labour Party was elected to govern. This is also the reason why the government is proceeding with the civil union bill.
“This Ministry emphasises that all adoptions should always focus on the child’s best interests to be adopted and not the ones adopting, therefore the Adoption Board will continue to assess the parenting capabilites irrespective to the sexual orientation of those adopting.
“The current adoption process is still following the legislation which was in place in 2008 (Adoption Administration Act 2008 Cap. 495) which stipulates that any single individual can adopt regardless of their sexual orientation.”
‘It’s up to the Adoption Board to evaluate whether one is fit or not to adopt’ - Labour MP Michael Farrugia
“Each application submitted related to child adoption ends up in front of the adoption board to evaluate whether the applicant/s are physically and mentally fit to adopt a child.
“In order to adopt a child today, a couple that applies will not necessarily be granted the right to adopt by the board, irrelevant whether the individual is gay or straight, it’ simply up to the board to decide.
“There’s nothing in the law that can bar a person who is single and adopts and later decides to get married to, or cohabitates with a person of the opposite sex or same sex anyhow, therefore we already have a situation where gay couples are adopting children.
“If an applicant is gay, it is not relevant to the board which scrutinises the applications, since it does not base its evaluation on whether the individual is gay or straight.”
‘No comment’ – former Labour MP Joe Debono Grech
“I wouldn’t like to comment for the time-being.”
‘For society to move forward, bill is step in the right direction’ - Evarist Bartolo
“The bill is a step in the right direction for our society to move forward and while this bill may not please everyone, it is introducing legislation that had been promised for years but never materialised.
“This draft provides human rights to all individuals, irrespective of their sexual orientation, and this is something that other European countries have had in place since the 1980s. “Adoption processes should always prioritise the best interests of the child in all circumstances and irrespective of the gender of the parents.
“This step is beyond the legislative needs but allows space for a social acceptance on all levels of society, which will allow all individuals to live their lives freely and to fully enjoy their civil rights,” he said.
‘Bill shows PL does not ignore minority rights issues’ - Karmenu Vella
“This bill is a great leap forward where civil rights are concerned. In line with what has been pledged in its electoral manifesto, this government has seriously shown again that minority rights issues such as civil union will not be ignored as was the case with consecutive Nationalist administrations.
“The bill has been drafted after wide consultation with stakeholders and this has been reflected by the overwhelming positive reactions and feedback that such a bill has received so far after only a couple of days.
“This is a government that delivers.”
‘Satisfied I form part of a government which will give equal rights to gay couples’ - Manuel Mallia
“I am satisfied that I form part of a government which will give equal rights to gay couples.
“This is an achievement and a clear sign which reflects how this government takes effective and rapid action to counteract inequality.
“I agree to a system of adoption where the judicial authorities will always ascertain the best interests of the adopted child.
It is important to remark that the expedient process was open to stakeholders who shaped the law “themselves. This is yet another sign of a government which delivers.”
‘Gay couples have their rights too’ - Justyne Caruana
“Gay couples have their rights as well which we need not only respect but safeguard. With regards to adoption, my primary concern is the best interest of the child which should be paramount and prevalent,” she said.
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