Unequal Marriage: Either Apply Civil Partnerships Equally or Scrap Them
By Harry Benson, The Marriage Foundation:
At the end of last week, a heterosexual couple claimed in the high court that their exclusion from civil partnership was discriminatory. Gay couples who want to legalise their commitment to one another can do it in one of two ways: either through civil partnership or through marriage. Heterosexual couples, on the other hand, have only one choice: marriage.
In an age of equality, this doesn’t seem fair, the couple argued. Because of the historical baggage attached to the word ‘marriage’, they would rather formalise their arrangement through civil partnership. Gay couples have a choice. So why not them?
Well, the judge threw out their claim in effect because the two arrangements are legally identical. This is true. I happen to work with a former high court judge who informs me that about three words distinguish the legal status of civil partnership and marriage. The whole confusion came about because the government introduced rights for gay couples in 2004 and called it civil partnership. At the time, there was no call for gay marriage. Times and governments change. In 2014, the government introduced gay marriage, leaving civil partnerships as something of a historical hangover.
So what is the sensible solution to this?
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