In the UK, civil partners are afforded a number of legal rights, but does the law place same-sex couples on an equal footing with men and women who are married? Has the law changed enough in recent years? Do civil partners currently enjoy sufficient rights and obligations? After the government announced plans to allow civil marriages in the UK, the subject of same-sex relationships attracted a great deal of attention in the media.
Marriage
Marriage was originally based on religious belief, but has evolved in recent times to become more of a social norm – a standard by which society encourages opposite-sex couples to foster familial ties. In the past, the UK has promoted marriage above all other types of relationship. Times are changing, however. As the services of divorce lawyers are more frequently relied on, many people are altering their views on what it means to be married. Society more readily accepts less orthodox partnerships. The question is, however, to what extent does the law recognize same-sex couples?
Civil Partnership
Family law solicitors in Yorkshire and other parts of England and Wales are often required to help couples and their children through the divorce process. The professional guidance of solicitors is sought because marriage is a legal union that bestows certain rights, privileges and obligations upon the husband and wife. Traditionally, co-habiting couples and same-sex partners have enjoyed no such legal protection.
The Civil Partnership Act 2004 (CPA) changed life for same-sex couples. The Act confers on civil partners many of the rights enjoyed by married couples, including those relating to property, tax, social security, children, tenancy, next-of-kinship, life insurance and inheritance tax. Unlike marriage, though, civil partnerships were not bound by specific rules on adultery and consummation. The 2004 Act came into force on the 21st December 2005.
Recent Developments
In 2004, the CPA was truly ground-breaking. Today, the legislation could be viewed as weak or even discriminatory. Some might suggest that it is unfit for purpose. The CPA was based on a shift in public opinion that had taken decades to evolve. Few people accepted same-sex relationships one hundred years ago, but over time social, ethical and religious boundaries have been dismantled to allow for changes in the law. It could be argued that even more changes are necessary to ensure that opposite and same-sex couples attain equal rights, which is precisely why government ministers are lobbying for civil partnerships to be reclassified as civil marriages.
Though undoubtedly a major step forward in terms of equality, the CPA made certain that civil partnerships were distinguished from marriages because the legal system of England and Wales only recognizes opposite-sex marriages. This may not be the case for long if Prime Minister David Cameron succeeds in passing key reforms, but it should be noted that change is nothing new. Much to the dismay of some religious leaders, the Equality Act 2010 was recently amended to allow civil-partnership ceremonies to be carried out in places of worship.
Clearly, more change is needed if civil partners are to be afforded equality, but perhaps the most critical changes will occur not to the law on civil partnerships but to legislation on married couples. Perhaps the only remaining barriers to equality are attitudes that many see as increasingly out of place in today’s society. The proposed changes would end the distinction between opposite- and same-sex marriages – partnerships of all kinds would be subsumed under the same title.
Guest author Jamie Knop.