Civil Partnership -v- Marriage

It is probable that when the British government sanctioned marriage for same-sex partners and enshrined the decision in the Marriage (Same Sex Couples) Act 2013 they undoubtedly thought they had squared the circle of discrimination as far as equality for all life partnerships was concerned. 

However that was not to be as, since Rebecca Steinfield and Charles Keidan first decided that they would prefer to have a civil partnership rather than get married and found that they were promptly knocked back, they have been campaigning ever since to challenge the decision that they do not meet the requisite legal requirement to enable them to have a civil partnership, that of being the same sex.

The couple lost their appeal yesterday at the High Court where they contended that they were subject to discrimination and state that they intend to appeal. The government welcomed the decision on the basis that “the current regime of marriage and civil partnership does not disadvantage opposite-sex couples”. 

Furthermore, it is felt that now that same sex couples can marry it is likely that civil partnerships will fade away and eventually be phased out at some stage in the future and to amend that legislation at this stage would be an unnecessary expense, particularly as no decision has yet been made regarding civil partnerships as the government is keen to see what impact, if any, same-sex marriage has on civil partnerships. 

Ms. Steinfield and Mr. Keidan however, are keen to carry on with their campaign as they feel that civil partnership focuses on equality whereas, in their eyes, marriage is less so bringing with it patriarchal history. The couple further argue that whilst gay couples have a choice of the type of partnership they wish to embrace, opposite sex couples do not and by that token they are being discriminated against. Also it was felt by them that their right to a private and family life was compromised. The government countered that the historical status of marriage was entirely democratic and encompassed traditional values of family life.

In light of the strong feelings that Ms. Steinfield and Mr. Keidan have in this respect it is surprising that they have not availed themselves of the facilities that the Isle of Man affords, being the only place in the British Isles that permits opposite sex civil partnership. Martin Loat and Claire Beale did and are the first heterosexual couple in the UK to have a civil partnership.

The Ealing couple flew to the Isle of Man on October 21 to seal their 25-year relationship in a civil partnership, which brings with it all the legal responsibilities and entitlements to their relationship and children. It seems that early on in their relationship they made the decision not to marry for much the same reason as Rebecca Steinfield and Martn Keidan, too much patriarchal history. They too would like to see the legal status of civil partnership amended to include opposite sex couples, notwithstanding the fact that they found a satisfactory way round the problem.

For more information on civil partnerships and family law please contact clientservices@giambronelaw.com 020 7183 9482.