THE ODYSSEUS TRUST: Civil Partnerships Bill

THE ODYSSEUS TRUST

193 Fleet Street, London EC4A 2AH
info@odysseustrust.org
Tel: 020 7404 4712
Fax: 020 7405 7314

Civil Partnerships Bill Links:
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Background to the Bill

Civil Partnerships Bill 2002 (PDF Format, 258KB)

Explanatory Notes (PDF Format, 192KB)

House of Lords: Second Reading Debate

Press Releases

Civil Partnerships Bill 2002 - Background to the Bill

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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:

Decriminalisation of homosexual behaviour
Equalisation of ages of consent
Anti Discrimination law introduced
Equal Rights for Cohabitees
Partnership Registration
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.

back to Civil Partnerships Bill Introduction

Last updated November 2006