Are Civil
Partnerships
Discriminative?
You may have seen in the news the story of Rebecca Steinfeld
and Charles Keidan, a heterosexual couple from London, who
had launched court proceedings to challenge the limitations of
the current procedure for civil partnerships which are only open
to homosexual couples.
The couple have previously given
interviews, explaining their reasons for
wishing to enter into a civil partnership,
rather than to marry. Both have spoken
of their wish to legally formalise
their relationship which they felt was
representative of a true partnership,
and that on a more equal basis, this
would be best as a civil partnership. One
further point raised was that the civil
partnership process involves the noting
of both of the couples’ parents’ identities,
and occupations. The traditional and
potentially outdated marriage process
involves only noting the father of each of
the bride and groom.
Perhaps the Government
may consider extending
civil partnerships to
heterosexual couples, if
they are persuaded that
there is demand for this
56
Mrs Justice Andrews has refused the
couple’s application for a Judicial Review
suggesting that the law is discriminating
against them, and almost immediately
the couple have confirmed their intention
to appeal.
The civil partnership process has been
considered by many a stop-gap which
was devised and offered during the time
until marriage between homosexual
couples was made legal in 2014. Now,
homosexual couples have the option
to choose between formalising their
relationship legally in a civil partnership, or
in marriage. Heterosexual couples do not
however. A civil partnership does have all
of the same legal effects as marriage.
The Government have also commented
that they are considering the future of
civil partnerships. Particularly, it is going
to be important to note whether there
is a decline in the number of couples
choosing to enter into civil partnerships
following the introduction of gay marriage.
If there is, and if this trend continues, then
the Government may decide to abolish
civil partnership altogether.
The case of Rebecca Steinfeld and
Charles Keidan is attracting a great
deal of attention however. Their petition
at present has signatures exceeding
36,000 and their Gofundme donations
are a whopping £27,000. There is
clearly support for the case that they are
bringing. Perhaps the Government may
consider extending civil partnerships
to heterosexual couples, if they are
persuaded that there is demand for this.
The effects of civil partnership and
marriage remain the same however, and
there are many rights and obligations
which are acquired by spouses and civil
partners, regardless of their method of
formalising the relationship between them.
By Laura Sherlock