Civil Partnerships Bill 2002

BACKGROUND
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Summary and status Civil Partnerships Bill 2002 (PDF Format, 258KB) Explanatory Notes (PDF Format, 192KB) House of Lords: Second Reading Debate Press Releases (To view PDF files you will need to download Acrobat Reader)

The Legal Position of Cohabitees
UK law currently fails to offer any substantial form of legal recognition or protection to cohabiting partners, either opposite or same sex. It fails in particular to protect same-sex couples in two fundamental respects: (i) in failing to accord them the full protection of anti-discrimination legislation; and (ii) by refusing to recognise in law the legitimacy of their relationships. The law is out of step with changing social patterns. The current trend towards local government registers, for example in London and Manchester, reflects widening social acceptance of the relationships of same-sex couples. Legal reform is necessary to reflect changing social mores and patterns of family life. The Civil Partnerships Bill aims to recognise those couples living together in a mutually supportive relationship who choose to register their relationship under the civil partnership registration scheme and makes legal provision for their joint protection.

The Failure of English Law to Recognise Same Sex Partnerships
English law fails to protect same-sex couples in two fundamental respects: (i) in failing to accord them the full protection of anti-discrimination legislation; and (ii) by refusing to recognise in law the legitimacy of their relationships. The law is out of step with changing social patterns. The current trend towards local government registers, for example in London and Manchester, reflects widening social acceptance of the relationships of same-sex couples. Legal reform is necessary to reflect changing social mores and patterns of family life.

Comparative Experience
Legal recognition of same sex relationships has tended to follow a six-stage model in many jurisdictions:

1. Decriminalisation of homosexual behaviour
2. Equalisation of ages of consent
3. Anti Discrimination law introduced
4. Equal Rights for Cohabitees
5. Partnership Registration
6. Full Civil Marriage Rights

This general pattern, identified by Kees Waaldijk (a Dutch expert in the recognition of same-sex partnerships), is discernible in the Netherlands, Canada, Australia and New Zealand. The Scandinavian countries and the state of Vermont have adopted an alternative approach, introducing a parallel scheme of civil partnership open only to same-sex couples.

Civil Partnerships and Equality
The Civil Partnerships Bill aims to make a positive political and legal statement about the rights of both opposite sex couples who choose not to marry and same sex couples who cannot marry. Legislation prohibiting discrimination on the grounds of sexual orientation is a necessary partner to the Bill. The Odysseus Trust continues to press the government to adopt comprehensive legislation to protect gay men and lesbian women from discrimination on the grounds of their sexuality.

Rights of Cohabitees
While the Bill will not change the position of cohabitees who choose not to register, the debate on civil partnerships necessarily opens the way for debate on the wider reform of the law relating to cohabitation and the legal position of cohabitees more generally. The Law Society and the Solicitor's Family Law Association continue to press the Government for change in this area.

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