Hostname: page-component-78c5997874-dh8gc Total loading time: 0 Render date: 2024-11-19T15:58:16.814Z Has data issue: false hasContentIssue false

JUSTIFIABLE DISCRIMINATION: THE CASE OF OPPOSITE-SEX CIVIL PARTNERSHIPS

Published online by Cambridge University Press:  12 July 2017

Get access

Extract

OPPOSITE-SEX couples are prohibited from forming a civil partnership. Following the introduction of same-sex marriage, the Civil Partnership Act 2004 was not extended to opposite-sex couples, resulting in the unusual position that English law permits same-sex couples access to two relationship forms (marriage and civil partnership) yet limits opposite-sex couples to one (marriage). This discrimination was recently challenged in the courts by an opposite-sex couple, Rebecca Steinfeld and Charles Keidan, who wish to enter a civil partnership owing to their deeply-rooted ideological opposition to marriage. Rejecting marriage as a patriarchal institution and believing that a civil partnership would offer a more egalitarian public expression of their relationship, the couple argued that the current ban constitutes a breach of Article 14 read in conjunction with Article 8 of the European Convention on Human Rights.

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2017 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)