• email article
  • print article
  • small text sizemedium text sizelarge text size
  • comment on this article

Maltese law 'discriminates' on same-sex partners

An EU agency has held that Maltese laws discriminate against lesbians, gays, bisexuals and transsexuals, and argues that Malta should start recognising same-sex marriages or partnerships contracted abroad.

The conclusion was reached in a legal analysis drawn up by the EU's newly set up Fundamental Rights Agency (FRA).

According to the FRA, Maltese law goes against the principle of equality in the Charter of Fundamental Rights by not allowing for the recognition of same-sex unions performed abroad.

The analysis was based on opinions by legal experts from the 27 member states. Prof. Ian Refalo was the Maltese representative.

The report, published yesterday in Brussels, analyses different aspects of equality rights based on sexual orientation in areas of EU competence.

According to the report, one of the areas in which Malta is most evidently lacking relates to free movement.

Under the Free Movement Directive, EU member states should ensure that spouses or partners of citizens of the Union, having exercised their free movement rights, are recognised as such even when they are same-sex spouses or partners. However, this is not the case in Malta.

The FRA states that Malta and another 10 EU member states appear to reject the recognition of same-sex marriages contracted abroad. It might, therefore, refuse to consider as a spouse, for the purposes of family reunification, the same-sex married partner of a citizen of the Union.

"This constitutes direct discrimination on grounds of sexual orientation, in violation of Article 26 of the International Covenant on Civil and Political Rights and of the general principle of equality, as reiterated in Article 21 of the Charter of Fundamental Rights," the report states.

FRA said that this legal situation in Malta results in a situation that restricts the freedom of movement of those of lesbian, gay, bisexual or transsexual orientation (LGBTs).

According to the EU agency, recognition should also apply for same-sex registered partnership or de facto same-sex partners, meaning a same sex couple with a common household or a durable relationship which is duly attested.

Maltese law is also deemed discriminatory where it comes to refugees.

Under the Family Reunification Directive, the spouse of a refugee should benefit from family reunification. According to the FRA, the same-sex spouse of the sponsor should be granted the same rights as would be granted to an opposite-sex spouse.

According to the report, in Maltese law, "the notion of spouse would probably not extend to same-sex spouses, even where the marriage has been validly concluded in a foreign jurisdiction.

"This constitutes direct discrimination on grounds of sexual orientation and cannot be justified."

The report finds other discriminatory aspects against LGBTs in Maltese legislation, such as where it comes to the implementation of the EU Employment Equality Directive and on legal measures for the protection of transgender persons.

  • Google Bookmarks Del.icio.us Facebook Blogger YahooMyWeb Digg Reddit Stumbleupon
  • email article
  • print article
  • small text sizemedium text sizelarge text size
  • comment on this article

Comments

Kenneth Cassar (on 16/7/08)
Ok, let me explain what I meant by "a good Christian reads atheist literature while a good atheist reads the Bible and other religious books" just in case I'm misunderstood.

I'm not saying that Christians who don't read atheist (or literature from other religions) are not good Christians. What I mean is that in my opinion, there is no particular merit in believing something just because that's all you know, and that it's what you have been brought up believing. Also, the only way to have approximate certainty (one cannot be 100% certain on complex things such as philosophy or religion) about anything is to test it against other sides, beliefs and opinions.
Kenneth Cassar (on 16/7/08)
Dear Alex Ellul,

People who make use of zodiac, palm readers, fortune tellers etc. are obviously superstitious. Atheism, apart from being disbelief in God, is against all kinds of superstition. So no, people who stop believing in God usually do not become more superstitious...the opposite is actually the case.

Of course, I'm not making a case for atheism. I'm only explaining facts. I'm a firm believer that a good Christian reads atheist literature while a good atheist reads the Bible and other religious books.
Alex Ellul (on 14/7/08)
@ Kenneth Cassar: "When people stop believing in God, they don't believe in anything — they believe in anything." One proof of this: people are increasingly losing their belief in God and increasingly believing in the zodiac signs, palm readers, fortune tellers, etc. All halfpenny magazines, newspapers, tv stations, books etc carry zodiac-sign fortune-telling sections, and you know what? Many really believe in them.
Kenneth Cassar (on 12/7/08)
Regarding G.K. Chesterton: "When people stop believing in God, they don't believe in nothing — they believe in anything." , anything includes belief in God, so G.K. Chesterton's quote does not make logical sense.
Alex Ellul (on 12/7/08)
Bloggs, as they are wont to do, fly out in various argumentative tangents. So racapping the origin of the argument may be becessary from time to time. My basic line of thought is the following: All human persons have the right to live their private lives in whatever way they chose to live it, without hindrance or discrimination from others. The following is a quote from an early comment I made: "I believe that the title of "Marriage" should be only attributed to heterosexual unions since this is what human society, logic and tradition accept. Should homosexuals require to form a legal union, another title has to be applied with whatever legal rights and obligations this may carry. But I leave this to the law mongers."
Alex Ellul (on 11/7/08)
@Kenneth Cassar: Your comment: "Communism is not necessarily Marxism/ Stalinism/ Leninism - it actually predates all three." is not some great discovery. The Kibutzim are such communities, the Amish too, while the first Christians formed the first real community in which nothing belonged to any one person and everything belonged to the community. The soviet communists made a horrifying and bloody parody of communism just because their communism was Godless.To quote G.K. Chesterton: "When people stop believing in God, they don't believe in nothing — they believe in anything." May I kindly recommend to compare the victims of the inquisition which occured half a millenium ago when ignorance was rife, to the victims of modern-day communism and the other forms of Godless dictatorships, ie Nazis, Tibet, China, Myanmar... an endless list.

Also you commented: "Regarding the millions killed by Lenin/Stalin, these millions were not killed for atheism. They were killed because Lenin/Stalin..." YES, They were killed by atheism. The root of Soviet communism was Marx adage: "Religion is the opium of the people".
Kenneth Cassar (on 11/7/08)
Dear Alex Ellul, we're basically agreeing here, even though when quoting me out of context, it would seem that I mentioned the inquisition to attack Christians.

What I wrote was: "Regarding Stalinism/Marxism, Dawkins is neither. But even if he was, you cannot dismiss the science (or atheism for that matter) just because Lenin and Stalin were atheists. After all, all inquisitors were Christians".

Basically, what this means is that you will find both evil and good people in all religions (and atheism/agnosticism). You'll also find people using religion or science for good or evil purposes. This makes all the examples you give very valid indeed.
Alex Ellul (on 11/7/08)
@Kenneth Cassar: You wrote: 'all inquisitors were Christian". So was Albert Schweitzer, Mother Theresa, John Paul 2, Pastor Bonhoeffer, and many thousand others who have dedicated their life and even died so others can live. I do not understand why you equate Christianity only with the inquisition. I am a scientific person as much as I am a Christian, and I do not equate science with the atomic explosion on Hiroshima and Nagasaki, or all the bombs dropped by the Nazis and allies during World War 2 by the high-tech planes. Those bad times were science gone bad as much as the inquisition was religion gone bad. But actually the evilness is in the human being not in science and religion.
Kenneth Cassar (on 11/7/08)
There is nothing for me to "sustain", dear Alex Ellul. I already pointed you to some examples of evidenced homosexuality in non-human animals. In any case, one example would have been enough to prove that homosexuality is not limited to humans (and yes, the examples include the sexual act). Of course, it is a fact that homosexuality will always remain in the minority (for obvious reasons), but this does not make it less natural.

The two current explanations for homosexuality are the following:

Either there is a gene for homosexuality which is dormant in the father/mother but transferred to the son/daughter and becomes active in the son/daughter...

or...

Homosexuality comes about through the combination of more than one genes (inherited from both mother and father) which would also explain how a heterosexual couple could produce a homosexual son/daughter.

Of course, the reason I provided the link to the wikipedia page is because I know that people who dogmatically believe that homosexuality is just a culture one chooses, would not be interested in reading books that explain more fully on this topic. I already suggested Richard Dawkins, but I don't expect most people to go rushing to the library or bookstore.
Alex Ellul (on 11/7/08)
@ N. Vella: You have kindly pointed out that a 1999 study may be scientifically outdated, in fact your wrote: quote: "and dont you think '99 is a bit in the past when citing it for scientific issues??" You are not in fact criticising my comments, but Kenneth Cassar's, due to his suggestion to go to the link that has the information about homosexuality in animals and other creatures and the 1999 study. So Kenneth, I leave it to you to sustain your own argument against N. Vella's.
Kenneth Cassar (on 10/7/08)
Alex Ellul wrote: "'A 1999 review by researcher Bruce Bagemihl shows that homosexual behavior, has been observed in close to 1500 species, ranging from primates to gut worms, and is well documented for 500 of them.' - Note the qualifying clause: not necessarily sex".

If you read the whole page ( http://en.wikipedia.org/wiki/Homosexuality_in_animals ) and not just the first paragraph, you will find some examples of non-human animal homosexual penetration (anal sex). In the above linked page, scroll down to "Some selected species and groups".
Kenneth Cassar (on 10/7/08)
Regarding the millions killed by Lenin/Stalin, these millions were not killed for atheism. They were killed because Lenin/Stalin were utopians who believed that the ends justify the means and that the "good" of society overrides any rights of individuals. This, in essence means that individuals can be "sacrificed" for the "good" of (communist) society. It is precisely for this reason that there were several rifts and opposing factions within the communist party in the USSR, and thousands of communist officials were killed because they opposed the Lenin/Stalin methods, particularly the killing of people.

An interesting book on the topic would be British historian Robert Service's book "Comrades (Communism: a world history)" that incidentally I am currently reading. You'll be surprised to learn that there were/are Christian communists as well as atheist ones. Communism is not necessarily Marxism/Stalinism/Leninism - it actually predates all three.
Kenneth Cassar (on 10/7/08)
Dear Alex Ellul,

The book you refer to (by Richard Dawkins) is called The God Delusion. The Root of All Evil is a documentary made for the BBC, if I'm not mistaken. The title was not chosen by Dawkins. In any case, one cannot judge a book without reading it (I have), and one cannot discredit the science just because the scientist is an atheist, just as one cannot say that smoking is good for your health just because Hitler opposed smoking.

Regarding Stalinism/Marxism, Dawkins is neither. But even if he was, you cannot dismiss the science (or atheism for that matter) just because Lenin and Stalin were atheists. After all, all inquisitors were Christians.

Regarding the "qualifying clause - not necessarily sex", "not necessarily" does not mean that sex is out of the question. In the context it means that not all animals who display homosexual behaviour go all the way and perform sexual acts. You'll also be surprised to learn that some animals (mostly sea creatures but perhaps also some insects) change sex in their lifetime.

Seeing that homosexuality has been seen in humans for millennia, I would be surprised if other animals did not have it.
N.Vella (on 9/7/08)
@Alex Ellul: Kindly note that in all time history organized religion is the leading serial killer. everyone kills in the name of god! bad thing is, they are fighting about the same god. and if u look up some richard dawkins debates you will notice one different thing from others. Dawkins says he does not believe in god but is happy to keep his opinion for himself and admits he has no way to prove it while the religious devotees besides convincing themselves about the invisble man have to make others too and they do not admit that they can't prove he exists but say its all about faith!

and dont you think '99 is a bit in the past when citing it for scientific issues??
Alex Ellul (on 9/7/08)
@Kenneth Cassar: Richard Dawkins, besides being a great modern scientist , is also a fundamentalist atheist, having even written a book entitled 'the root of all evil' referring to faith and religion, a theory identical to that of Marx and as practiced by Lenin-Stalin, leading to one of the most atrocious periods of modern history. It is estimated that Marx's ideology made 50 million victims in the Soviet Union alone. Now this ideology is dead. Christianity in the ex-Soviet countries is back to normal as it will be in 2000 years from now with whatever ups and downs it will have. With regard to the recommended link on homosexuality in the animal kingdom, the following is a quotation:

'A 1999 review by researcher Bruce Bagemihl shows that homosexual behavior, has been observed in close to 1500 species, ranging from primates to gut worms, and is well documented for 500 of them.'

Note the qualifying clause: not necessarily sex.

And this out of millions of species ranging from gut worms to primates. Further comments are superfluous.
N.Vella (on 9/7/08)
Why should anyone bother seeing what other people do in their private lifes? i would not care if he is straight, gay or bi, or whatever orientation a person has unless he is bothering other people. It is their life, so let them be! we do not hear anything about straight people delving is weird acts of love, just because somebody else likes same sex partners we have to say it wrong.

Besdies, especially here in malta, this right-wrong moral are heavily based on our religious beliefs, which to be honest is not a so moral religion after all!! besides what problems does the church have with gay people, probably they would be the best of their orgainzation, as they wont have babies before marriage, can do without the sacrilege of using condoms and so on, seems like they are natural allies to me

there is enough evidence to show that certain people could have a YY chromozone instead of an XY and be more 'effeminated' (or gay or whatever term you want to use) than other people.

do poeple have so much spare time to stay discussing others people sex life and decide for them??
Kenneth Cassar (on 9/7/08)
@ Alex Ellul: Regarding homosexuality in non-human animals, see http://en.wikipedia.org/wiki/Homosexuality_in_animals

Or better still, read some good books on evolutionary biology. I would suggest anything by Richard Dawkins.
Jean Pierre Aquilina (on 6/7/08)
Aldo Gatt refers to his Civil Partnership, and explains what rights this gives to the partners. I am not against such a civil partnership. This has been an extremely valid contribution in this debate to help me appreciate the issue from a perspective that is different to mine. This is exactly why I asked a few questions - not to ridicule as may have been erroneously understood, but to learn.

I thank Aldo Gatt for his contribution.


Kyle Pullicino (on 6/7/08)
Mr. Mula, if you want to "treat everyone with the same respect" then you might as well start by not saying that I'm comparing the Bible to Aesop's Fables (I used an example to explain myself better. At no point did I compare the two books by saying which one is better.)

Also, while we're at it, does "I am one of those who refused to submit to blind faith" mean you've read the Bible (or at least the most important parts of it) and decided against it? Or have you taken a "blind" leap of faith by heeding to others and considering others that try to live a life similar to that portrayed in the Bible (mainly Christ's) as faithfully blind?
Moses Mula (on 4/7/08)
So my statement ludicrous? One person is comparing the so called ´HOLY BOOK´ to Aesop`s fables and Mr Aquilina, what different interpretations can people have about the fact that a 90 year old can get pregnant? The bible is partly a book of ethics, ´FABLES´ and misleading historical facts. And by the way, I did not say that all Maltese take the bible literally, but the sad thing is that there are thousands who and even without having read a couple of pages, let alone the whole book. I am one of those who refused to submit to blind faith and instead to live the best way I can and to treat everyone with the same respect. Guilty as charged.
Robert Aquilina (on 4/7/08)
Mr Mula, that the "interpretation" of the Bible is different to different people is a fact well known. Why do you think the Church of England, Jehovah Witnesses, etc. etc. exist?? Because they have different interpretation of the same bible! But that does not make your ludicrous statement that the bible is full of lies any relevant.
Kyle Pullicino (on 4/7/08)
@Moses Mula: You're not meant to take many of the stories in the Bible literally. You're meant to understand the message that the author is trying to pass and try to incorporate it into your life (like Aesop's Fables).
Moses Mula (on 4/7/08)
Mr Robert Aquilina, what i meant with that comment was that still to this day thousands of Maltese people take what is written in the bible literally.As they do that they want even begin to try and understand this situation or others which are similar and instead they give answers like "adam and eve and not adam and steve" and such garbage. I respect everyone`s beliefs, but I still found it hard that some people use the bible as a reference. And let me ask you Robert, with all due respect, what or who do you think is the main cause behind all this bigotry?
Alex Ellul (on 4/7/08)
@ KZT: Would you accept the word 'condition' instead of 'invention'? My apologies. Still it is a human whatever not found in other species, except, according to Ing. Patrick Attard, the Bonobo which, as he himself said, has 98% of our DNA.

Alex Ellul (on 4/7/08)
@ David Wain: Dinosaurs became extinct due to a comet strike. Or it could be because they all became homosexual. I'm sure you will not be nominating me for next year's Noble prize in Science.


Alex Ellul (on 4/7/08)
@ Aldo Gatt: You said, quote 'You will find homosexual behaviour in most animals and some even form homosexual pair bonds.' Just show me a photo of any animal pair in such a situation. I have followed many documentaries in my life, I read National Geographic regularly and any other scientific good-read I can lay my eyes on, but never found a homosexual animal, bird or fish couple. Maybe i need an electron microscope to watch two mites in my bed. Who knows, maybe Dr. Ing. Patrick Attard can send me a link with a video of a bonobo making love to a same-sex bonobo with their 98% human DNA.
Albert Gauci Cunningham (on 3/7/08)
In my life, being gay is natural and I give the fact that I'm homosexual the same amount of importance people here would give to the fact that they are heterosexual.............so its useless discussing ad nauseam what is natural, if what is natural for me is not natural to the others...its just my word against the others...thats it.......if some people would find a gay kiss disturbing thats none of my problem....believe me I find two people eating their tongues out throughout a whole bus trip none the less disturbing ...but I look the other way and accept the fact that these people are ,in their own, public and funny ways, showing their love!!

................I have a very staunch Catholic background and I am proud of it...though I find the Church's ideas on homosexuals as too close minded and ,at best, confusing this does not mean that I am going to spend my life bashing every Cikku or Peppi who goes to mass.......lets stop attacking each other, lets stop this "them" and "us" mentality............gay people do not hate the church, they are not anti-catholic.....they just yearn for more understanding and more legal and civil recognition............
Dr.Emmy Bezzina, LL.D.,B.A.,Dip.S.Th. (on 3/7/08)
It would be interesting to be aware of what the opinion of Profs. Ian Refalo,LL.D.was considering that he was representing our mediocre,backward,hypocritical and unrealistic Malta in this particular field of thought. Naturally,in this field of thought we must incorporate Divorce,Abortion,Cohabitation,& Freedom of Speech,Thought,Opinion and Communication [ Norman Lowell`s Case a recent bizarre illustration whose Criminal Appeal has just been heard on Wednesday,July 2nd.,2008,before The Court of Criminal Appeal with Dr Emmy Bezzina representing Lowell & Dr Nadine Sant representing The Republic.
A recent comment on June 30th by representatives of both major Political Parties was to the effect that the Maltese do not actually want Divorce:these are the Parties who are most conscious of the multitude of fornications that daily occur in our Island.Malta must grow up and come to terms with reality otherwise the abuses will keep augmenting which will end up engulfing our State: so much for Family Values! Why do we not construct a Manipulative Meditative Mistra Mission to illuminate our Parliamentarians` Moron Minds ? Alpha Emmy.
Robert Aquilina (on 3/7/08)
@ Moses Mula

So you think that by saying that, and i quote: "In fact you can probably find more lies in the bible than any other book" you are helping your anyone undertand the situation any better?!
Matthew Saliba (on 3/7/08)
@ JP Aquilina

Perhaps you should refer to an English dictionary to find out the meaning of 'equality', but then, of course, people who would ask such a question would not even bother interpreting the word! Your question does not even deserve a reply!
A.J Muscat (on 3/7/08)

Dear Kenneth Zammit Tabona
I never meant to get personal.
I never meant to checkmate you.
Feel free to end a brain to a brain civilized debate. Still I respect you.
Good bye
Kenneth Zammit Tabona (on 3/7/08)
Dear AJ
Definitely not you on both counts
KZT
Dr. Ing. Patrick Attard (AD) (on 3/7/08)
@ Alex Ellul RE: "Homosexuality is a human invention which is accepted as a fact"

It seems Mr Ellul is misinformed since Bonobos which are primates similar to Chimpanzees living in the Equatorial Guinea, and whose DNA is closest to the human race (with more than 98% of their DNA is identical to the human species) also exhibit gay relationships.

Moreover Gay and Lesbian brains are structured differently: http://patrickattard.blogspot.com/2008/06/new-scientist-gay-brains-structured.html
Moses Mula (on 3/7/08)
To all those people who argue that children need a mother and father and not two dads or moms. What a child needs is love, respect and a parent to teach him or her ethics, and this can be done by equally by two dads, two moms, a mom and dad or a single parent for that matter. And one other thing. It is about time that some people realized that if something is written in the bible is not law. In fact you can probably find more lies in the bible than any other book.
David Seychell (on 3/7/08)
Homosexuals are not discriminated because they have the same rights as the others i.e they can marry a person of the opposite sex as much as a straight can.
A.J.Muscat (on 2/7/08)

Dear Kenneth Zammit Tabona
I would really love you give me your pundit touch on:
What constitutes normal?
What constitutes modern or being civilized?
Thank you mate
Anne Calleja (on 2/7/08)
@ Jean Pierre Aquilina
I would never stoop so low as to attack anybody personally. I merely passed a comment about your level of understanding. A comment that you promptly re-inforced by asking yet another question; the answer to which was already plainly stated by Antonio Amato himself: "I could not visit him during family visiting houirs as, even though we were together for 26 years, Malta did not recognize me as his de facto partner."
The truth is, that we shouldn't be discussing this issue at all. Or a number of other issues for that matter. I cannot for the life of me understand why heterosexuals care two hoots whether homosexuals got married; or why happily married people should give a damn whether divorced is introduced; etc. etc. etc. Keep on dreaming Anne.......
Brian Spleenovich (on 2/7/08)
@A.J.Muscat, If you think that global warming and the destruction is down to greenhouse, your head is somewhere between the clouds and the ozone layer. It is called the greenhouse affect, because like greenhouses, it heats up, and no little heat escapes. I can explain it better if you wish. It is down to CO2, not greenhouses.
A.J.Muscat (on 2/7/08)

M. Mercieca
I will answer you question.
If all men were gays and all women were lesbian. Human being will extinct within years.
All lover and respect to all human being though :)
Kenneth Zammit Tabona (on 2/7/08)
I HAVE SAID THIS BEFORE AND I WILL SAY IT AGAIN
' MARRIAGE THE SACRAMENT MUST BE DIVORCED FROM MARRIAGE THE INSTITUTION'
Before this is achieved we will still have an almighty confusion in people's minds.
Kenneth Zammit Tabona (on 2/7/08)
@ Mr Ellul
homosexuality is NOT a human invention but a human orientation. It is part of Nature; very much so. Do not jump to silly conclusions
@ AJ Muscat
thanks for loving everybody. It would however be very boring should everyone be lesbian or gay. None of us want that but simply wish people would understand that there is something called diversity which is an integral part of life. Also if only it were the strawberries in the greenhouse that are responsible for global warming! That's a howler and a half!
@Mr Spleenovich
Thanks for your kind words however let me assure you that if it pays the Church to recognise same sex partnerships/marriages to survive it will do so long before the abovementioned gentlemen. A more pragmatic organisation has never existed in the history of mankind!
Mr Aquilina et al
All we seem to have here is a storm in a teacup that stems from the extension of use of one word 'marriage' . As long as the more acceptable word 'partnership' gives the same civil rights as a marriage I really couldn't care less what it is called.
Aldo Gatt (on 2/7/08)
@Jean Pierre Aquilina
My Civil Partnership has meant to me recognition of my relationship by the state. Like all families we contribute to society's well being by being upright citizens, by paying taxes, voting, being role models for our nephews and nieces (I am a very proud god-father to our niece). Our CP also means that if I were to die first, my partner would not need to pay taxes on what he inherits from me. If things were to go wrong with my family and they refused to have him present at my death bed, they would not be able to as he is my next of kin.

Once, as a student in Italy, I was at the house of a Catholic priest, influential in Maltese circles. Since he shared his house with his male lover, we spoke of relationships. He insisted that gay love cannot be placed at the same level as that between a man and a woman. I pitied the poor fellow. He obviously had issues - a priest who believed in a religion that despised him (practicing not what he preached), he was convinced his love for another was inferior.
Aldo Gatt (on 2/7/08)
@Alex Ellul

So "homosexuality is a human trait not found anywhere in nature" and is therefore "a human invention" according to you. Since when do we take animal behaviour as our moral standard? And then you are wrong. You will find homosexual behaviour in most animals and some even form homosexual pair bonds.

@A.J.Muscat
The fact is that not everybody is a homosexual. And thank goodness for that - it would be an extremely boring world if everyone were the same. You cannot hold that as reason to claim homosexuality is self destructive. With your same argument anyone who's main aim in life is not that of procreation is superfluous to society (say Roman Catholic priests).

Sorry, but where do you get your information from? The green house effect that you speak of is not the same as the green house one grows vegetables in, sweetie. One does come across some funny notions!

cont.

David Wain (on 2/7/08)
Ellul says marriage between heterosexuals only is what society accepts.... yes there was a time when dinosaurs ruled the earth but they are extinct today and are now just the subject of documentaries on The Discovery Channel.

And why are you not more specific on comments in my regard?... still miffed?? Whhaaa


Jean Pierre Aquilina (on 2/7/08)
@Bernard Muscat

Some of the examples you give have nothing to do with marriage. Discrimination on the basis of sexual orientation is a criminal offence and hence I suggest that you report the incident to the police. The law gives you this right. Why complain?

Issues with inheritance can be solved by paying a visit to a notary of your choice. So once again the issue is not related to marriage. I can do the same and leave all my possessions to anyone of my choice.

The only example you give which is related to marriage is a joint computation of a tax return. This is not always advantageous - separate returns may save you tax. However I understand that this may not always be the case and maybe the system needs to be revised.

I do not veto any body else's love. That is a private matter. But marriage is a union between a man and a woman. It has always been that way and should be that way forever.

Same sex partnership is another thing as I have already explained. Read it.
Jean Pierre Aquilina (on 2/7/08)
I also suggest you read the article "Co-habitation and the legislation" by Josè Herrera in the Times of today (2 July), where the author refers to legal discrimination against married couples.

As I have implied, the problem is with the law. Hence explain what lesser rights are enjoyed by gays and lesbians.
Jean Pierre Aquilina (on 2/7/08)
@David Aquilina
I guess that I have the right to say what I believe. This does not automatically translate into imposition of beliefs. And yes you are worthy to lead a happy life with a partner of your choosing - this is in tune with what I said.

@Anne Calleja
Attacking me personally is not going to get you anywhere. You have not yet argued in favour of your cause. Also, if you know what lesser rights Antonio Amato enjoys, kindly share them with the rest of us to assist the discussion.

@to all who attacked me personally:
How do you expect people like me to appreciate you position without explaining it? Also, you need to understand that marriage is a fundamental pillar of society which mankind instituted on the basis that procreation is a heterosexual act - hence marriage between a man and a woman.

This does not however deprive anyone from living with the partner of his or her choice.
A.J.Muscat (on 2/7/08)

I love and respect everybody. However I will not wish all males to be gays and females to be lesbians. This self-destructive to human being existence I believe.

How many are old enough to remember the 1970’s era? Then, we used to read in papers that, scientist have discovered a method to end human hunger. Then the famous green houses came into being and revolutionized conventional agriculture.

.Having the green houses enabled us to eat strawberries in winter. Yet to have many vegetables and fruits all year around. Excellent idea so far

What happened after just three decades? Now we have climate change, ozone problems, thanks to the green houses. (Simply, because scientist tempered with the natural course of seeds and environment)
………………………………
I read some funny statements. Why do we associate such debate with being modern or backward? Open, closed or ajared minded peoples? Is the USA is not calculated (by some) as a progressive country?
......................
God and church don’t exist in EU laws. Many EU countries oppose same sex marriage merely because of TAXES.


Prosit to
Alex Ellul – M. Mercieca – L Galea
Brian Spleenovich (on 1/7/08)
I know that many people are against same sex marriages, they say because there will be no children. There is no possibility that different sex couples will stop having babies - end of. I agree with Kenneth Zammit Tabona, and although, I happen not to be gay, can see where he is coming from. Why should anyone care what others get up to in their own lives, it bears no relation to them. When is everyone going to learn to be accepting? When are people going to help each other a bit more? What is the point in argueing over a subject that will not change, as gay people etc will always be around? Accept them for what they are, God, if you believe created them and that is it. The churche's attitude is equally as immature as many people who have commented on this article. You shou8ld all be angry about this childishness.
Alex Ellul (on 1/7/08)
Cont'd: Homosexuality is a human invention which is accepted as a fact, no matter what some may say. Whether marraige applies to homosexuals is another matter. I believe that the title of "Marriage" should be only attributed to heterosexual unions since this is what human society, logic and tradition accept. Should homosexuals require to form a legal union, another title has to be applied with whatever legal rights and obligations this may carry. But I leave this to the law mongers.

I appeal to the homosexual community to refrain from continuing the annual gay parades. These parades put you in a very carnivalesque bracket, making you lose the respect of the community in general. That some politician(s) attends for poltical correctness sake is even more carnivalesque. I know that these parades are organised by a section of the gay community, but those that have the brains, and there are many, must put their weight to stop the stupid act.

@Wain: Try it.
Alex Ellul (on 1/7/08)
@Scerri S: You tried very hard to rebutt my analogy of science trying to create an electrical battery with both terminals being positive, or both negative instead of the only scientifically lawful one that can have only positve and negative terminals. However your apparent lack of scientific knowledge defeats your futile argument, because science does not play poker and it will never compromise. There will never be what you have written, quote " For all we know some of them might be a 'positive' and 'positive' but still appear to behave as a 'negative' and a 'positive' - and thus we say they're negative and positive" unquote.

I have already expressed myself in other bloggs, namely that I do not care what other people do in their private lives as long as they don't hurt third parties or innocent persons, such as children, handicapped persons or old infirm people, be these consenting adults heterosexual, bisexual, homosexual, heterosexual polygamists or hetero-homosexual polygamists or any other -ist one can imagine. No matter how hard you try to justify your claim for the right of marriage for homsexuals, it must be accepted that homosexuality is a human trait not found anywhere in nature.
Bo Schmidt (on 1/7/08)
What a lovely list of comments.... Especially from stout chatolic pillars of the church like L Galea!
Dear mr Galea! Where I come from we have a minority whose interpretation of the cristian faith is very different from the official way. In my old country its the catolics who are the minority. An do you know what mr Galea? Almost everyone in this country Denmark are willing to die for catolics right to to have their believes and positions, even if they dont match the social model. So franklý YOU cloud learn something about tolerance there!!
Believe me mr Galea there will never be a society or country where everyone will be homosexual! Who have tried to tell you that!
Kyle Pullicino (on 1/7/08)
Once again, I ask Mr. Zammit Tabone, if you're agreeing with me that if it harms anyone then it should not be allowed, same-sex couples shouldn't be allowed to adopt children, right?
Joanne Micallef (on 1/7/08)
Whilst I do not agree with marriage for couples of the same sex, I do feel that the state should update to this reality.
David Wain (on 1/7/08)
L Galea, your question on what would happen if all men and women were gay.... here is the answer you are trying to elicit... the human race would not promulgate!!! Happy now?

The main problem with your question (expected answer) is that it does not reflect the world as it is. Anyway, as if a consenting loving relationship between two adults has to result in the bearing of children.... very dangerous argument indeed!!! And don't worry, there are enough virile heterosexual couples around, no chance of the human race being wiped out by gay culture!!
Bernard Muscat (on 1/7/08)
JP Aquilina and Klye Pullicino:
You both say you do not know what lesser rights LGBT people 'enjoy' (JP Aquilina's word). Surely 'enjoy' does not logically fit anywhere in the argument here - nobody 'enjoys' having less rights: if anything one suffers from the fact that he/she is entitled to less rights because some erudite majority decides that not everyone is equal.

Now as to in what issues LGBT people are discriminated against, here you go: issues of inheritance, inability to file for a joint tax return form since couples are not legally recognized even if they live together for 50 years, discrimination with regards to employment, higher premiums with regards to life insurances for no other reason other than sexual orientation, a much lengthier time frame when a same-sex couple applies for a bank loan. The list could go on... the sole fact that some people want to dictate what rights are given to other people constitutes discrimination. When someone decides that someone else does not fit the requirements of an open legal institution such as marriage, that in itself is also discrimination. Who am I to veto other people's love? :)
Kenneth Zammit Tabona (on 1/7/08)
Therefore the State has no right to impose conditions about who I marry and I am to have CIVIL rights like everyone else.

As I said last week in my article The Pursuit of Love which concerned Divorce; it is about time that marriage the sacrament was divorced from marriage the institution; they are totally distinct.

Even Fr Tabone commenting about the high incidence of one parent families admitted that today the family can be described in various ways and in various forms however he always maintained (how could he say otherwise?) that the union between a man and a woman will always remain The Ideal One!

So what is it that bothers anti gay marriage persons so much? What is it that bothers the anti-divorce persons so much? Why should these people give a damn about what other people do? Is it religion? I doubt it.

It has always made me very curious to know why a homophobe is a homophobe; a rare and dying breed thank goodness.

I am lucky to be surrounded by family and friends who love and understand me. My worst problem was always trying to accept myself!
Aldo Gatt (on 1/7/08)
As a married man (officially civil partnership under UK law) I regret the fact that the Maltese authorities refuse to acknowledge our legal status while it acknowledges divorce granted outside of the islands.
Kenneth Zammit Tabona (on 1/7/08)
How healthily refreshing all this is! 30 years ago most of the English-speaking population thought that Gay was happy; period! Today we have evolved to this open forum where people could not give a damn about the love that once upon a time 'did not dare speak its name'

Nobody, niether the President, the PM, the Leader of the Opposition, the Archbishop is going to dictate to me what I should and should not do with my private life as long as it is in good concience and does not hurt anyone else. Lets get this absolutely clear.

I have absolutely no intention in propositioning Mr Pullicino so he can rest assured that whether I marry or not he is not and never will be part of my life's equation. Who I marry is my own business.

I happen to be gay. Why I am gay I haven't a clue. If and when I fall in love with someone who I feel can share my life and whose life I can share in equal measure there is no power on earth that is going to stop me.
Alex Farrugia (on 1/7/08)
Actually Mr Jean Pierre Farrugia marriage is a man made institution,'Nature' had nothing to do with it.

Your heterosexuality on the other hand may be natural but then so is my homosexuality, unless ,you can prove different of course
Anne Calleja (on 1/7/08)
@ Jean Pierre Aquilina. On reading your last sentence it becomes painfully obvious that people with a mental prowess such as yours should barely be given the tools to determine your own destiny, let alone that of others!!!!! Not to realise that people like Antonio Amato do not enjoy lesser rights!!! Pull the other one, please. It's got bells on:-)
David Aquilina (on 1/7/08)
@ JP Aquilina..No one is stopping any so called'straights' marrying but that same right should apply to Gay and Lesbian couples as well. You as an individual have a right to your opinion and wheter you wish to recognise gay marriages or not is your concern. What you don't have a right to do is impose your beliefs and/or prejudices on me and thereby threaten my happiness. I am as worthy as you are and the right to lead a happy life with a partner of my choosing is as equal as yours.


Live and let live.
Kyle Pullicino (on 1/7/08)
Mr. Tortell, I've already stated in my 4th comment that the major concern of mine about same-sex marriages is that they will be allowed to adopt children and that is why I think it's wrong. I have no problem with a person loving another person since this world clearly lacks a lot of that.

I'm afraid though that the argument "You are a Catholic, discriminatory, third-world, close-minded Maltese citizen" does absolutely nothing to convince me otherwise. Homosexuals are not receiving any less rights than we do and therefore are not being discriminated. If you feel that you shouldn't discriminate me then please come up with an argument that doesn't involve awarding me with a new title.
L Galea (on 1/7/08)
Can the relevant person refer to wher I introduced race in my argument?

As for living in the middle or dark ages, I do not consider myself to be so, but what I feel is wrong I say it is wrong.

Trying to bend the rules to include those who do not qualify for the granting of something is not right.

My warrant agrument clearly explains what I mean. If you do not fit the conditions for the granting of the warrant you do not change the conditions to suit you to be granted a warrant.

Marriage is between two persons of the opposite sex, so a union between two persons of the same sex cannot be called a marriage.

Why don't you answer the question on what will happen to society if all men were gay and all women were lesbians?
Jean Pierre Aquilina (on 1/7/08)
If what lesbians, gays, bisexuals and transsexuals want is a form of contract which gives each other the right of 'next of kin' from a legal perspective than I have no objection - so long that everybody - even brothers, friends etc - are given this right. This is what I consider a partnership between two persons who love each other.

One needs however to bear in mind that we are a heterosexual race. It is our nature. Marriage is thus the union of a man and a woman, one of the reasons is to have children to further the human race ( I add that the choice to have children is that of the couple and should not be imposed). Hence I cannot recognise 'same sex marriages'.

@Matthew Saliba:
And what exactly do you mean by equality? Can you please elaborate further because I do not know exactly what you mean. Really, I do not know what lesser rights lesbians, gays, bisexuals and transsexuals enjoy.
David Wain (on 1/7/08)
William Carr, of course Malta is not a "first world" country. I never suggested that.... quite the opposite as can be clearly seen from many of the entries to this blog,.
Ramon Casha (on 1/7/08)
When a Maltese married couple travel abroad they expect - rightly - that their marriage is recognised in these other countries. There would be a huge fuss if a Maltese person was injured abroad and their spouse was thrown out by the hospital because they don't recognise Maltese marriages.

We have to similarly recognise theirs.
Kyle Pullicino (on 1/7/08)
First off, Kyle is a male name (as I'm male), so a little less "ma'am" and "Ms." when referring to me and more of "Mr.". :P

Anyway, Mr. Saliba, homosexuals have as much right to marry someone of the opposite sex and I don't have a right to marry someone of the same sex as myself so I don't see where inequality comes into this.

Mr. Muscat, be assured, that I will cry foul if such a type of marriage is allowed and yes "it is *these* hasty, loveless opposite-sex unions which destroy the real meaning of marriage".

Watch out, Mr. Ellul-Bonnici, people should not have rights that will eventually harm the majority of the society. Or else we'll need to out-date the same laws we've updated once again.
malcolm tortell (on 1/7/08)
@Kyle Pullicino

Fact is that you don't actually make any arguments! You simply say something is wrong because it is harmful. So tell us, how will same sex marriages do more harm then good?
David Wain (on 1/7/08)
Take a look at Antonio Amato's entry.... just one example of the way bigotry in this country is systematically destroying lives. And Alex Ellul speaks about batteries......

The fact that most anti-gays are also anti-divorce, anti-immigrants, constantly quoting popes as if they are some sort of holy oracle, etc speaks volumes..... One thing they all lack is even an iota of sensitivity to the hardships of fellow human beings.... Just a modern-day reincarnation of the inquisition.




Saviour A Ellul-Bonici (on 1/7/08)
Believe me some of these comment make me throw up.
What right has the majority to impose on the minority, discriminatory laws that go against fundamental rights just because they are at variance with THEIR outdated believes?
William Carr (on 1/7/08)

@ David Wain
By any chance, do you think that because we are EU member state, by default we should rate Malta as a first world country? If, so, could you tell me in terms of what please?
Bernard Muscat (on 1/7/08)
Ironic how nobody cries foul when an opposite-sex couple rushes into a loveless marriage just because the female partner is expecting an unwanted baby. Everything is fine with that empty union, isn't it? Like many of its kind, this particular union won't last long - it is not based on mutual love, but on convenience.

But when a committed couple (same-sex, yes... so?) argues for its rights to get married equally, then all hell breaks lose. We are accused of breaking down the sacred meaning of marriage and of bringing upon the earth god knows what demonic ideals.

Britney Spears' 52 hour marriage to a friend of hers in Las Vegas some years back - the marriage which ended in divorce soon after their hang-over abated - was a real, valid, 'normal' marriage wasn't it? Just because the spouses were opposite-sex, right?

Make no mistake, it is *these* hasty, loveless opposite-sex unions which destroy the real meaning of marriage.
M. Mercieca (on 1/7/08)

@Dr. Ing. Patrick Attard (AD)
I fully understand that AD are desperate for votes. This your right so far.
I would follow your ‘imagine’ rhythm
Imagine if all males are homosexual and all females are lesbians, and they got married. Can you imagine where babies will come from?
Shall I continue the result of such formula?
Kyle Pullicino (on 1/7/08)
Well, I'm very sorry, but it seems many here are cheering because we will be updating our laws to reflect "social realities". The fact that these "social realities" exist (the need for divorce as an example) is extremely worrying and rather than everyone being happy because we can now divorce, we should see how we're going to eliminate (reduce) the need divorce.

C Barbara, I'm not imposing anything on anyone. I do not "simply think it's wrong" but I'm sure you agree with me that something which is wrong shouldn't be allowed. I think that same-sex marriages (once again... marriage?) will do more harm than good (therefore, I think it is wrong; now refer to the previous sentence) such as when it comes to children, etc.

"Intolerant" are those that immediately said that I based my arguments on my religious principles (I didn't mention religion anywhere here). So please, avoid calling my arguments discriminatory, "dark age", old and out-dated. My arguments are as good/bad as everyone else's.
Matthew Saliba (on 1/7/08)
Reading this thread makes me confirm how pathetic we Maltese are. Not only are we hypocrites of the highest degree by going to church and pretending to be holy, only to be the first to gossip and refuse to love thy neighbour, but we are also ignorant fools living in a lost era of closed-mindedness.
Everybody should have the right to be equal, and all LGBT's want is that...EQAULITY, nothing more, nothing less! When people wake up and realise that we are meant to be progressing and that being gay etc is not a choice (or contagious for that matter), maybe we will start moving forward. Otherwise we are doomed to live in a country of Neanderthals!
Scerri S (on 1/7/08)
@Alex Ellul
Science is driven by an open mind. So why bring science in? If all the great scientists/philosophers over time didn't have an open mind, they would have never come across new ideas and theories - starting from Socrates and ending up with Einstein. The sun is a ball of fire - kill him! The world is not flat - ostracise him! So on and so forth. Regarding your allegory - the 'positive' and 'negative' are only called so because we call them so. For all we know some of them might be a 'positive' and 'positive' but still appear to behave as a 'negative' and a 'positive' - and thus we say they're negative and positive. There's diversity everywhere - it makes the universe interesting. It's all subjective and relative. Food for thought?
People with one track minds are those who stall progress - being scientific, social or whatever. They will only understand the need for these social justices (including divorce) when they see family members or others close to them suffer from discrimination. Enough said I think.

Franco Farrugia (on 1/7/08)
@ Kyle Pullicino - no, ma'am, these are PRINCIPLES upon which the European Union is based. Use your Internet to learn a bit more about what the Union is all about - read about the fact that the Union is based on the Principle of Solidarity, etc ... as well as the Principle of Equality. Ideas are those that you express here in this column.
With regard to whether these are new ideas or not, you should know, if you used the Internet in a more intelligent manner, that such principles have been part and parcel of society in other countries FOR DONKEYS' YEARS! So, don't come describing them as 'relatively new'. They may be new to you, but not to others.
And yes, we are WRONG in not adapting ourselves accordingly.
It is indeed ignorance which makes up afraid of what we perceive as new and strange.
We should grow up.
Antonio Amato (on 1/7/08)
My Italian partner was hospitalized in Malta following a car crash and I could not visit him during family visiting houirs as, even though we were together for 26 years, Malta did not recognize me as his de facto partner.

He died two days later. I lost everything we had built together... our home, our memories... but that did not hurt me as much as having been deprived from the opportunity of being with him in his last minutes on earth.

You're in my heart forever Max.
C. Attard (on 1/7/08)
So according to L Galea, the laws still in force in the US until the 1960s which stated that a black person and a white person couldn't get married were not discriminatory, because the conditions for marriage at the time required that the two parties were of the same race. Don't make me laugh!


Thank God for the EU - we are finally being exposed for the bigoted, hypocritical society that we are. It's only a question of time until same-sex couples get the recognition they deserve, and I'm convinced it'll only happen once the EU forces our hand.

One last point: The Times yet again shows its bias: Did the FRA report put 'discriminates' in inverted commas, like the title of this article? Shame on you.
I Abela (on 1/7/08)
I'm in no way against homosexuals but still I find it hard to imagine what would eventually happen if same sex marriage is endorsed by the state. The idea of same sex marriage is to ultimately form a family right? And what about the children? Don't they have rights too? Don't children have a right to a mother and a father or is it ok to have 2 fathers or 2 mothers?
C Barbara (on 1/7/08)
Our social model, which the likes of Mr. Galea are vehemently trying to defend, surely isn't one to be envied by other countries. How many broken families and children living with single parents do we have again? A re-think is urgently required. Our laws need to reflect present-day reality in our free democratic society.

People like Ms. Pullicino, who are decrying the EU's supposed imposition of ideas, need to realise that it is they, not the EU, who are imposing ideas. Why pevent gay people from marrying simply because you think it's "wrong"? Why prevent couples who choose to divorce from doing so, just because your religion does not allow divorce? I see that as being intolerant.
Kyle Pullicino (on 1/7/08)
No, Mr. Farrugia, these are not principles and yes they ARE ideas (so don't try passing this as something we're wrongly doing). They are relatively new and only the select few will benefit without us seeing how this might work against us.
Dr. Ing. Patrick Attard (AD) (on 1/7/08)
@ L. Galea

If our social model is obcene then it must be changed.

Imagine if the person you love most in your life is seriously ill and you are not involved in the decisions of treatment taken.

Imagine if the person you love most in your life died, and in the most difficult time of your life, you are not entitled to bereavement leave, or organise the funeral.

Imagine if the person you love most in your life, isn't an EU citizen and cannot live or work in Malta.

Lawrence Gonzi refused to consider giving the right to urgent family leave to gays whose partner is, for example, severely ill in hospital. He also refused to include sexual orientation in the Industrial Law against discrimination at work and this was included only after pressure from the European Commission in 2002.

P. Attard
AD Spokesperson for LBGT Issues
http://patrickattard.blogspot.com
Kyle Pullicino (on 1/7/08)
Oh, really, Mr. Wain? Abortion is something that one expects in a third-world country but it is practiced all over Europe not to mention that we don't go calling other countries "discriminating" when they refuse to help us with immigrants.

Also, I do not believe that a same-sex partnership is marriage because, I think, in that way, you'd be discriminating those couples that have taken the decision to marry.
Franco Farrugia (on 1/7/08)
@ K Pullicino: These are not IDEAS but PRINCIPLES of Europe. That is what we joined the EU for, so that Malta would perhaps, one day, leave the Middle Ages. Or are we still in the Dark Ages, where I presume Mr L Galea is still living in?
Alex Ellul (on 1/7/08)
When scientist manage to create an electric battery having two positive terminals, or two negative terminals, instead of a negative and a positive terminal, then, and only then, will I vote for same sex marriages.
g.cassar (on 1/7/08)
All this talk about discrimination against lesbians, gays, bisexuals and transsexuals.............what about the hundreds of Maltese who can't re-marry because we are the only EU Nation who does not recognise Divorce!!!!!

Do you know what hardship and frustration this is causing? So we are happy with people living in sin but not remarrying and bringing there status back in line. What hypocrites we are!! We are pretending to be more catholic than the Pope.

I urge all progressive thinking people to uphold this plea and give a chance to our brothers and sisters who at the moment are treated as 2nd class citizens.
Dr. John Zammit (on 1/7/08)
The Liberal Democratic Alliance Malta is including the rights of gays to get married in its 2009 Manifesto for the European Parliament Election. We are going to give full support to all the rights for gay persons that are found in the most progressive countries of the European Union.
David Wain (on 1/7/08)
We cannot expect to be members of the EU and at the same time keep our outdated, discriminatory and decidedly third-world laws.
L Galea (on 1/7/08)
The EU agency is interfering in our social model.

I compare gay and lesbian couples who want to be reconized as a married couple to the situation where a person requires a warrant to practice a profession.

Just because some persons do not qualify for the granting of the relevant warrant does not mean that the conditions for the granting of the warrant have to be changed to accomodate those persons who cannot qualify.

Such persons can never claim that they are being discriminated against because they do not qualify for the granting of the warrant since they do not satisfy the necessary conditions and requirements.

Just the same cannot marriage and its requirements (compare with the requirements the granting of a warrant) i.e. being only considered as a marriage if it is between a couple of different sex be changed to suit those gay and lesbian couples who do not qualify for their partnership to be called a marriage.

Such couples cannot claim that they are being discriminated against because they cannot qualify according to the requirements for marriage for their partnership to be considered as a marriage.
Kyle Pullicino (on 1/7/08)
Another case of Europe wanting to impose their ideas, which since they're European are automatically assumed to be beneficial.

I'm not saying we should discriminate anyone, but I don't like this attitude of calling other countries discriminatory and rushing things.
Lucy Pace gouder (on 1/7/08)
Malta? Discriminates? NOOO!!! hahaha.

I do hope something comes of this!

Poll

Have the proposed power tariffs affected your use of electricity and water?

  • yes
  • no
  • don't know
  • don't care


View results

Fun Stuff


Play Sudoku