“A New Form of Discrimination”: Civil Partnerships for Different-Sex Couples in the UK Supreme Court – Oxford Human Rights Hub

Posted July 3rd, 2018 in appeals, civil partnerships, equality, human rights, news, Supreme Court by sally

‘Civil partnerships were introduced by the New Labour government in the UK in 2005 to give same-sex couples many of the protections and rights afforded to married couples without actually extending the right to marry. In 2014 same-sex couples were granted the right to marry but the civil partnership status was not revoked. This created a clear inequality: Same-sex couples could choose to marry or to enter into a civil partnership, but the only way that different-sex couples could formalise their relationship was through marriage. In Steinfeld and Keidan, R (on the application of) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32 the UK Supreme Court held that this differential treatment was contrary to Art 14 (the prohibition of discrimination) when taken in conjunction with Art 8 (the right to respect for family life) under the European Convention on Human Rights.’

Full Story

Oxford Human Rights Hub, 2nd July 2018

Source: ohrh.law.ox.ac.uk

Steinfeld and Keidan: what happens next? – Family Law

‘Five Supreme Court Justices have ruled in favour of a heterosexual couple whose three and a half year legal campaign challenged legislation preventing opposite-sex couples from entering into a civil partnership. The court unanimously agreed that the Civil Partnership Act 2004 is ‘incompatible’ with the European Convention on Human Rights as it applies only to same-sex couples and therefore amounted to discrimination.
This judgment will likely put the Government under significant pressure to change the law and allow heterosexual couples to become civil partners. Currently, opposite-sex couples may only marry, whilst same-sex couples may opt to marry or enter into a civil partnership.’

Full Story

Family Law, 28th June 2018

Source: www.familylaw.co.uk

Case Comment: R (Steinfeld & Anor) v Secretary of State for International Development [2018] UKSC 32 – Supreme Court Blog

‘Often, the road to equality is long and arduous, just ask the same-sex couples who had to wait until the Marriage (Same Sex Couples) Act 2013 for recognition of the right to marry or those whose right to legal recognition will still feel a long way off. On any view, the road to equality in civil partnerships will be shorter. But that route has had its own difficulties and the significance of the success of this appeal should not be underestimated.’

Full Story

Supreme Court Blog, 28th June 2018

Source: ukscblog.com

Supreme Court declares Civil Partnership Act 2004 incompatible with human rights law – Family Law

‘The Supreme Court has ruled unanimously that lack of provision in the Civil Partnership Act 2004 for opposite-sex couples to enter into a civil partnership is incompatible with human rights law.’

Full Story

Family Law, 27th June 2018

Source: www.familylaw.co.uk

The ‘straight civil partnership’ challenge: All you need to know before the Supreme Court Judgment – UK Human Rights Blog

‘The Supreme Court will hand down Judgment on Wednesday 27th June 2018 in R (on the application of Steinfeld and another) v Secretary of State for the International Development (in substitution for the Home Secretary and the Education Secretary).’

Full Story

UK Human Rights Blog, 25th June 2018

Source: ukhumanrightsblog.com

Ban on heterosexual civil partnerships in UK ruled discriminatory – The Guardian

‘A heterosexual couple who were denied the right to enter into a civil partnership have won their claim at the UK’s highest court that they have suffered discrimination.’

Full Story

The Guardian, 27th June 2018

Source: www.theguardian.com

Should civil partnerships only be available to same sex couples? – UK Human Rights Blog

Posted May 15th, 2018 in civil partnerships, equality, human rights, news by sally

‘Rebecca Steinfeld and Charles Keidan contend they were unlawfully refused an opportunity to register a Civil Partnership at Chelsea Town Hall on the grounds that the Civil Partnership Act 2004 reserves that status strictly for same sex couples. This exclusion started to appear somewhat anomalous when the government opened marriage up to same sex couples by way of the Marriage (Same Sex Couples) Act 2013. The effect of this is that same sex couples in England and Wales (and Scotland – but not Northern Ireland) had a choice of marriage and civil partnership but different sex couples only had the former option.’

Full Story

UK Human Rights Blog, 13th May 2018

Source: ukhumanrightsblog.com

UK plan to extend civil partnerships revealed in government report – The Guardian

Posted May 14th, 2018 in civil partnerships, news, sexual orientation discrimination by sally

‘A confidential report drawn up for the former equalities minister Justine Greening proposed extending civil partnerships to opposite-sex couples and building “a consensus for legislation”, according to internal policy documents seen by the Guardian.’

Full Story

The Guardian, 13th May 2018

Source: www.theguardian.com

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill – Law & Religion UK

Posted February 5th, 2018 in amendments, bills, civil partnerships, marriage, news, select committees by sally

‘The Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill was read a second time yesterday, 2 February, with qualified Government support: the Member in charge of the bill, Tim Loughton, had evidently come to an agreement with the Home Office about amendments to be tabled in committee.’

Full Story

Law & Religion UK, 3rd February 2018

Source: www.lawandreligionuk.com

Civil partnerships: Couples tell us why they want one – BBC News

Posted February 5th, 2018 in civil partnerships, equality, marriage, news by sally

‘Heterosexual couples might be able to access civil partnerships, as the government reviews the law that currently only applies to homosexual couples.’

Full Story

BBC News, 2nd February 2018

Source: www.bbc.co.uk

English civil partnership may not be recognised abroad – Family Law

‘As England debates the future status, role and purpose of civil partnership, its cross-border status should be brought into account. Whilst marriage is almost universally recognised around the world and civil partnership is recognised by those countries with their own civil partnership laws, the legal status of an English civil partnership is not recognised in a number of countries. The civil partners have no different status in law to cohabitants in those countries. This places them in a real difficulty. A little-known and surprising piece of law may come to their aid. But should civil partnerships be continued now there is same-sex marriage including in view of the position abroad?’

Full Story

Family Law, 26th January 2018

Source: www.familylaw.co.uk

Michal Hain: Past is Prologue – The Role of History in the Law of Equality – UK Constitutional Law Association

Posted January 9th, 2018 in appeals, civil partnerships, equality, marriage, news by sally

‘The legal institution whereby couples express their mutual commitment, which is recognised, protected and regulated by the state – marriage – touches the most intimate parts of people’s lives. Its recent transformation raised profound questions of personal morality, human dignity, and religious doctrine. As the tide of public opinion turned, Parliament repealed section 28 of the Local Government Act 1988 (which had prohibited the “promot[ion] of homosexuality” and the “teaching in any maintained school the acceptability of homosexuality”) in 2003, passed the Civil Partnerships Act the following year, and enacted the Marriage (Same Sex Couples) Act in 2013. The result is that same-sex couples can currently choose between entering a civil partnership or marriage, whereas different-sex couples cannot.’

Full Story

UK Constitutional Law Association, 9th January 2018

Source: ukconstitutionallaw.org

Retained Worker Status: When Does an EEA Student Remain a Worker for the Purposes of the EEA Regulations? – Drystone Chambers

Posted December 8th, 2017 in civil partnerships, EC law, education, immigration, news by sally

‘I was recently instructed by Sterling & Law LLP in an EEA appeal against the refusal of permanent residence. The Appellant was a non-EEA national in a civil partnership with her wife, an EEA national. The Appellant sought to establish that she was entitled to permanent residence having lived in the UK in accordance with the EEA Regulations for five years.’

Full Story

Drystone Chambers, 1st December 2017

Source: drystone.com

Equal Civil Partnerships: Implications of Strasbourg’s latest ruling for Steinfeld and Keidan – Helen Fenwick & Andy Hayward – UK Human Rights Blog

‘Equal civil partnerships divide opinions. For their proponents, access to such a status, and the legal benefits that follow, allows couples critical of marriage – whether same or different-sex – the ability to express their relationship through (in their view) a more appropriate, modern and egalitarian legal institution. Opponents question such a need in light of the availability of civil marriage, which has over centuries evolved and may not now necessarily be perceived as embodying the patriarchal or heteronormative values that its critics challenge. Calls for allowing different-sex as well as same-sex couples to enter civil partnerships in England and Wales have grown louder recently following the failed Equal Love case (Ferguson v UK), the production of several Private Members Bills and the on-going litigation in Steinfeld and Keidan v Secretary of State for Education, due to be heard by the Supreme Court in Spring 2018. The desire, however, for different-sex civil partnerships is not limited to this jurisdiction, and was recently explored for the first time by the Strasbourg court in Ratzenböck and Seydl v Austria. After exploring the background to this legal challenge, this post will critically analyse the reasoning of the Strasbourg Court and assess its implications for the challenge in Steinfeld.’

Full Story

UK Human Rights Blog, 21st November 2017

Source: ukhumanrightsblog.com

Supreme Court to hear appeal on opposite-sex civil partnerships – Law & Religion UK

Posted August 22nd, 2017 in appeals, civil partnerships, equality, news, Supreme Court by sally

‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. Rebecca Steinfeld and Charles Keidan have sought judicial review of that provision and have been unsuccessful both at first instance and in the Court of Appeal.’

Full Story

Law & Religion UK, 22nd August 2017

Source: www.lawandreligionuk.com

Heterosexual couple take civil partnership case to Supreme Court – BBC News

Posted August 22nd, 2017 in appeals, civil partnerships, equality, news, Supreme Court by sally

‘A heterosexual couple who want to enter a civil partnership instead of getting married have been granted the right to take their case to the Supreme Court.’

Full Story

BBC News, 22nd August 2017

Source: www.bbc.co.uk

Finance and Divorce Update, May 2017 – Family Law Week

Posted May 18th, 2017 in adoption, appeals, bills, civil partnerships, divorce, financial provision, news by tracey

‘Frances Bailey, Principal Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during April 2017.’

Full story

Family Law Week, 12th may 2017

Source: www.familylawweek.co.uk

Civil Partnerships and Marriage: Labels or a state of mind? – Family Law Week

Posted March 17th, 2017 in civil partnerships, marriage, news by tracey

‘David Bedingfield, barrister, 4 Paper Buildings, traces the development of the law relating to marriage and civil partnership up to and including the Court of Appeal’s recent judgment in Steinfeld & Keidan.’

Full story

Family Law Week, 16th March 2017

Source: www.familylawweek.co.uk

Finance and Divorce Update March 2017 – Family Law Week

‘Frances Bailey, Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2017.’

Full story

Family Law Week, 16th March 2017

Source: www.familylawweek.co.uk

Mixed-sex civil partnerships make sense. Here’s why – video – The Guardian

Posted March 1st, 2017 in civil partnerships, news by sally

‘Technology reporter Alex Hern and his female partner do not want to get married, because of the patriarchal roots of the institution. They would be prepared to get a civil partnership, but this ceremony is only open to same-sex couples. Here he explains why the rights offered by this alternative should be extended to couples like his.’

Full story

The Guardian, 1st March 2017

Source: www.guardian.co.uk