Independent Member of Parliament Marlene Hassan Nahon proposed an amendment during yesterday’s parliamentary debate on the introduction of same-sex marriage. The amendment challenged one of the more controversial clauses of the Bill, namely Clause 6B, which allows government registrars to opt-out of carrying out marriage ceremonies due to religious objections. While in favour of the overall principle of the Bill, Ms Hassan Nahon expressed concern that a proposed legislation “that aims to end discrimination, legitimises it with the other”, before tabling an amendment that sought to eliminate the clause.

This led to a lively debate, with Chief Minister Fabian Picardo defending the clause on Constitutional grounds and referring to the government’s responsibilities as employers. Ms Hassan Nahon pressed on with the issue, suggesting that the clause shows members of the gay community as “lesser class citizens”, thereby “blunting the purpose of the bill”. This led to an open vote, with GSD members Elliott Phillips, Roy Clinton and Lawrence Llamas voting in favour of Ms Hassan Nahon and the amendment, despite Leader of the Opposition Daniel Feetham voting against. The proposal was defeated 10-4, leading to a unanimous approval of an unaltered bill.

Ms Hassan Nahon continued her condemnation of the opt-out clause that evening in her online blog. While celebrating the fact that single-sex marriage is now a reality in Gibraltar, the former GSD member stated that the Bill does not go far enough in terms of achieving equality for the gay community, taking the view that the decisions taken had led her feeling “a little bit short-changed”, while promising to look further into the constitutional issues that, she claims, represent the “final vestiges of inequality” in our community.