Should civil partnerships be open to all?
27th June 2018
The Supreme Court has today made a declaration that preventing different sex couples from entering into civil partnerships is incompatible with the European Convention on Human Rights.
The case had been brought by Charles Keidan and Rebecca Steinfeld (supported by the equal civil partnerships campaign). Back in 2014 they sought to enter a civil partnership at their local registry office. When that was refused, they began a court process ultimately resulting in today’s judgment.
Their main argument was that civil partnerships should be available to all couples, regardless of sex or sexual orientation. In 2014, it became possible for same sex couples to marry (in Scotland and England & Wales). This meant that same sex couples could choose to marry or enter a civil partnership, whereas different sex couples could only choose marriage. The Supreme Court confirmed today that this inequality of treatment is incompatible with Articles 8 and 14 of the ECHR.
However, despite the headlines, this judgment does not mean that civil partnerships are now open to all. Instead, it is a matter for the UK Government to legislate. One possibility is that civil partnerships might be opened to all; the other possibility is that same sex civil partnerships might be abolished altogether.
Clearly steps should be taken as soon as possible to end the inequality that exists. Beyond that, surely this reinforces that the time is ripe for review of the formation, status and ensuing obligations of adult relationships. This perhaps explains why the Scottish Law Commission will be reviewing these aspects of family law as part of its tenth programme of law reform. This can only be a good thing.
