| Gay marriage: the law
How civil partnerships came into being But it's not just the social recognition of marriage that excludes same sex couples. While heterosexual couples can choose to marry - a bond which brings with it rights and responsibilities (most notably financial provisions should the marriage break down) - there were no such rights for same-sex couples. The question of how to address this inequality has been taken up by political parties throughout the world. Some countries including Holland, Denmark and Canada chose simply to reword the definition of marriage to allow gay couples to marry, in exactly the same way, with the same benefits, as heterosexual couples. The UK however, found that it couldn't take the same liberal standing because of how deeply entrenched the Church is in politics, worrying that the 'sanctity of marriage' would be threatened by same-sex marriage. So a compromise had to be found. This solution was the civil partnership - a new legal relationship exclusively for same-sex couples, which provides all the rights and responsibilities of marriage, with social recognition of the status of the relationship. After much heated debate, the Civil Partnership Act 2004 ('the CPA') became part of British law on 5 December 2005. Marriage in all but name? In marriage, the exchanging of vows is part of the validation process, but this is not so in a civil partnership, although many choose to do so anyway. It's the signing of a registration document by both partners which affirms civil partnership. Same-sex marriages: rights and responsibilities Their rights and responsibilities are identical to those of married couples. And as with marriage, there are also risks, such as the risk of one becoming bankrupt, which could mean that jointly owned assets may be seized and used to pay off debts owed - which could include the couple's home! Civil partnership - no substitute for marriage Even worse, some gay couples who marry in countries where it is legal, find that their marriage is 'reduced' to that of a CP once they arrive in the UK. To those same-sex couples, who have been recognised as married abroad, this can be seen as downgrading the status of their relationship. Continuing injustice and inequality? However, for many a civil partnership may appear to be little more than a poor relation of marriage, allowing a sense of injustice and discrimination to continue. This article was written by Sam Longworth, a solicitor in the Family team at SA Law. www.salaw.com |