Re: Individualisation
<!--EZCODE ITALIC START--> “You're right, the tax system does still favour married couples, especially in the area of Capital Acquisitions Tax.”<!--EZCODE ITALIC END-->
And income tax (still – transferrable personal allowances, and partly transferrable standard rate band). And stamp duty (no stamp duty on transfers between spouses). And capital gains tax (no gain or loss on transfer between spouses, second spouse deemed to have acquired when first spouse acquired).
<!--EZCODE ITALIC START--> “Why should a married man be able to pass on significant wealth to his wife tax-free while an unmarried person (gay or not) cannot do similarly to his/her long-term partner?”<!--EZCODE ITALIC END-->
Well, my position is that people should be free to marry, which necessarily means that they should also be free not to marry. If they choose to marry, they should have the rights and obligations which society accords to or imposes on married people, whatever they are. If they choose not to marry then, by and large, they shouldn’t have those rights and obligations.
I would make a distinction between a heterosexual couple who could marry but choose not to, and a homosexual couple who have no choice. If people choose not to marry, I don’t think they can complain that society treats them as unmarried. Nor do I think that they should necessarily be able to demand the advantages of marriage (tax or otherwise) while rejecting the obligations (e.g. obligations of mutual support, public commitment to exclusive and permanent relationship, etc) which are the reason for those advantages.
I appreciate that this neat philosphical analysis tend to break down when we are faced with somebody who has married A, has been abandoned by A and has now formed a relationship with B, but there is a principle here that marriage as a collection of rights and obligations is something which people choose rather than something which is imposed upon them because of the circumstances in which they find themselves.
<!--EZCODE ITALIC START--> “I think that sort of discrimination will indeed be the subject of high-level appeal unless some remedy (eg some form of civil recognition of long-term partnerships that do not involve marriage) is inculcated into the legal system, including taxation.”<!--EZCODE ITALIC END-->
It may be, but the European Convention on Human Rights clearly allows states to recognise and protect the institution of marriage through legal privileges, and all states do this to some extent, including through tax privileges. The cases also establish, if I recall correctly, that states can confine the institution of marriage to heterosexual couples. To be on really strong grounds I think a gay couple would need to show that they were disadvantaged by comparison with an unmarried straight couple (other than purely by the fact that they were not permitted to marry one another).