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SAME-SEX CIVIL PARTNERSHIPS:

IN ENGLAND, SCOTLAND, NORTHERN IRELAND & WALES

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Overview and timeline:

The path towards full legal equality for gays, lesbians and bisexuals in the UK started in the 1960s with the decriminalization of same-sex sexual behavior. It will be largely completed by the end of 2005 when same-sex loving, committed couples will be able to enter into civil partnerships. These are virtually indistinguishable from opposite-sex marriages, but are called by another name in order to avoid offending those who feel that marriage should be a special right for opposite-sex couples.

There were two bills proposed during Parliament's 2001-2002 session that would have given limited recognitions to same-sex couples:

bulletJane Griffiths introduced her Relationships (Civil Registration) Bill to the House of Commons on 2001-OCT-24. It would have registered same-sex or opposite-sex relationships between two people who were cohabiting. It did not proceed.
bulletLord Lester introduced his Civil Partnerships Bill to the House of Lords on 2002-JAN-09. It would have recognized "civil partnerships" between cohabiting couples. He decided to not proceed with the bill after the government promised to study the matter. "11

The British Broadcasting Corporation reported on 2003-JUN-30 that the British government had issued a consultation paper on same-sex relationships. It is titled "Civil Partnership - A framework for the legal recognition of same sex couples." "13 The article described plans to create a system of "civil partnerships" for gays and lesbians that would parallel the existing system of heterosexual marriages. It would be called a Civil Partnership Registration Scheme. All three main British political parties: Conservative, Liberal Democrats and Labour were in general agreement with this proposal.

During the Queen's Speech on 2003-NOV-26, the government announced its intention to introduce a Civil Partnership bill . "11

The Civil Partnership Bill:

bulletWill cover only same-sex couples. The Government decided that since co-habiting opposite-sex couples had the option of marrying, they would not be allowed to form civil partnerships.
bulletWas preceded by a government consultation paper "Civil Partnership: A framework for the legal recognition of same sex couples" in 2003-JUN.
bulletWas introduced to the House of Lords by the government on 2004-MAR-30 as Bill 53 of the 2003-2004 session.
bulletWas enlarged by the House of Lords to include close relatives and caregivers, whether same-sex or opposite-sex, who are both over the age of 30 and have been living together continually for over 12 years. Baroness Scotland of Asthal noted that this amendment would allow a woman to form a partnership with her grandfather; she would have her own mother as a step-daughter! This amendment was overturned later by the House of Commons. "11
bulletWas passed by the House of Lords in its third reading on 2004-JUL-01.
bulletHad its first reading in the House of Commons on 2004-JUL-05 as Bill 132 of the 2003-2004 session.
bulletPassed its second reading on 2004-OCT-12 by a vote of 426 to 49.
bulletPassed its third and final reading on 2004-NOV-09., in spite of a wrecking attempt by some Conservative backbenchers.
bulletWas approved by the House of Lords on 2004-NOV-17 by a vote of 251 to 136 in spite of still another last-minute wrecking attempt.
bulletReceived Royal Assent on 2004-NOV-18
bulletWill into force on 2005-DEC-05, according to a government announcement on 2005-FEB-21.
bulletCovers all of the United Kingdom. However, there are minor procedural differences to civil partnerships in Northern Ireland and Scotland because of their unique legal systems.  "12

There will be a 15 day "cooling-off" period before couples can be "Civil Partnershipped." According to the Government News Network, same-sex couples can partnership on 2005-DEC-21, in time for the Winter Solstice and Christmas. The UK will become the tenth European Union country to permit same-sex couples to either enter into conventional marriages or civil unions with similar or equivalent privileges.

The media in the UK seems to have largely dropped the term "civil partnerships" and adopted the terms "to wed," "wedding" "pink wedding," and "gay wedding." "9

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2001-NOV: Government's long-range plan introduced:

The government's minister for women and equality, Baroness Sally Morgan, mentioned during an interview on 2001-OCT-31 that the Labour government was closely following the practices of many other European countries which were registering gay and lesbian relationships. Those countries granted same-sex couples privileges that had been previously reserved as special rights for opposite-sex married couples only. She said: "There's no suggestion whatsoever that the government would move on the issue of marriage. We are very clear that marriage remains as it is....There is an increasing public debate on rights for same-sex partnerships," she said, "and I think it's one that the government is watching with interest because there are clearly areas where most people would recognize that at the moment there is some unfairness."

Reaction by conservative Christian individuals and groups was swift, and negative:

bulletHugh McKinney, spokesperson for the National Family Campaign said that the plan would be "an affront to married people and their families."
bulletAnn Widdecombe, a Roman Catholic Member of Parliament said: "This would undermine the institution of marriage. Any kind of formal recognition of gay relationships would militate against marriage."
bulletCornelia Oddie spokesperson for the Roman Catholic group Family and Youth Concern, said: "Gay rights campaigners have won yet another battle."
bulletDr. Adrian Rogers, spokesperson for Family Focus said, "I think the promotion of homosexuality should be completely unlawful. We are not allowed to promote it in schools so how can we allow local authorities to promote the lifestyle?"

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2002-DEC: Government plan confirmed:

During 2002-DEC, Barbara Roche, the UK's Minister for Social Exclusion and Equalities, discussed government plans to grant same-sex couples the same legal rights as married couples. She told the BBC's Today program that the government would publicize detailed proposals in mid-2003. She said, "There are a number of people in gay relationships, in lesbian relationships, who are in loving relationships but their partnerships have no recognition in law....What I am seeking to do is to say I think there is a strong case for considering a civil partnership registration scheme." In Britain, as in may other countries, gay and lesbian couples have no legal standing. They are regarded as roommates. Roche described horror stories in which one partner was refused visits in hospital or were excluded from funerals. Others had to sell their homes to pay the inheritance tax which is non existent for married couples.

Some reactions to the proposal:

bulletColin Hart, director of the Christian Institute, opposed the proposal "because marriage is supported by the state because it is a relationship for the bringing up of children.... This seems to be equating some relationships, namely gay relationships, with marriage and I think that is very wrong." Hart appears to be unaware that many gay and lesbian couples also raise children.
bulletOliver Letwin, a representative of the Conservative party, called for same-sex couples to be given some of the rights and privileges that married couples receive, while still recognizing that marriage has "huge cultural and religious connotations." He said: "What we are talking about here is civil partnership registration-- the ability to have financial rights, legal rights which give you protection as a couple....Whilst we attach a huge importance to the institution of marriage and want to keep that as it is, we do recognize that gay couples suffer from some serious practical grievances."
bulletEvan Harris, health spokesman for the Liberal Democrat party, said that the idea was overdue. He said: "Couples of any sex must be made equal before the law."
bulletDavid Allison, spokesman for the gay rights group Outrage! was pleased. He said: "We certainly welcome it and would hope that the Government will go on and recognize these relationships in full."

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2003-JUN: Text of government plan released:

The proposal involves a same-sex registry that committed same-sex partners could "...sign at a register office in front of the registrar and two witnesses." They would then be considered "civil partners" and receive rights and responsibilities equivalent to married couples. As with married couples, civil partners would not be compelled to testify against each other in court. In the event of a relationship breakdown, the couple could dissolve their partnership through the courts, much like married couples divorce. The discussion paper says: "The government intends registered civil partnerships to be long-term, stable relationships so there would be a formal, court-based process for dissolution. The partner applying for the partnership to be dissolved would have to show that it had broken down irretrievably."

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Responses to the government paper:

The BBC reported that the similarity of Civil Partnerships to opposite-sex marriage: "...has angered some Christian groups, who argue marriage is being undermined, but some gay rights groups say they do not go far enough. There are also complaints that same-sex couples are now getting rights not available to unmarried heterosexual couples." "7

bulletThe ruling Labour party's minister for women and equality, Jacqui Smith, called for public consultations on the proposals. She described them as an attempt to end the injustice that prevents same-sex couples from receiving the social benefits and legal protections given to married couples. She said: "This is not about being 'PC', but about bringing law and practice into line with the reality of people's lives. Thousands of people are in long-term, stable, same-sex relationships....They are committed to each other in all areas of their joint lives, but their relationships are invisible in the eyes of the law...Same-sex couples often face a range of humiliating, distressing and unnecessary problems because of a lack of legal recognition....Civil partnership registration would underline the inherent value of committed same-sex relationships....It would support stable families and show that we really value the diversity of the society we live in....It would open the way to respect, recognition and justice for those who have been denied it too long." Smith appeared on a number of news programs, and was repeatedly asked why the government is not proposing to simply enlarge the marriage laws to include same-sex couples, as has been done in Canada. She made vague references to "distinctive traditions" and "certain connotations for people" that she believes would not apply to same-sex couples.
bulletRoger Smith, spokesperson for the Christian Action Research and Education group argued that married couples have been given their rights because they vow to have monogamous relationships and to procreate. He said: "Civil partnerships cannot satisfy those criteria. And, we say, therefore, let's look at the rights, case by case, but let's not just take the whole package and give it to same-sex couples automatically on registration." Smith may be unaware of the many same-sex couples who are monogamous, and who raise children, either through in vitro fertilization or adoption. He has also denigrated those opposite-sex married couples who marry and remain childless because of medical condition, age, or decision.
bulletBen Summerskill, spokesperson for Stonewall, a gay and lesbian rights group, said: "It's a hugely important day for lesbians and gay men across Britain.

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2004-MAR-30: Bill introduced to Parliament:

The British Broadcasting Corporation (BBC) reported that "The term 'gay marriage' is not used in the Bill, but the Civil Partnership Registration Scheme seems to have been designed to be as close to a marriage contract as possible." The bill would grant same-sex partners the same rights and obligations as opposite-sex married couples have routinely experienced, such as:

bulletSocial security, bereavement, injury and pension benefits.
bulletTenancy rights.
bulletPossibility of adoption.
bulletFull recognition in life assurance policies.
bulletResponsibility to provide reasonable maintenance for partners and children.
bulletSame tax treatment as married couples, including exemptions from inheritance tax on homes.
bulletVisiting rights in hospitals.
bulletThe obligation to contribute financially to their relationship and children.
bulletParental responsibility for the children of their partner.
bulletThe ability to dissolve the partnership via a divorce procedure.
bulletAbility to register the death of a partner and make decisions concerning burial.

Couples would qualify for a civil partnership if they are of the same sex, meet a seven-day residential qualification, are over the age of 18, are not related to each other within the prohibited degrees of relationship, are not already married, and are not already in a civil partnership. There are special provisions for persons who are 16 or 17 years of age, are housebound, or if there is a compelling need to get civil partnershipped more quickly.

Same-sex couples would go to a government registry office, pay a fee, and indicate their intent to register a civil partnership. Between fifteen days and one year later, they could return to the office, pay a second fee, and sign the civil partnership register in the presence of a registration officer and two witnesses. If they wish, they could then proceed to a religious or secular service of their choosing to celebrate their new status among friends and family.

The government estimated that between 5,500 and 11,000 same-sex couples will enter into civil partnerships by the year 2010. "7

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"Reactions to bill:

bulletTrevor Bentham, partner of the late Sir Nigel Hawthorne, said the new bill would dignify same-sex committed relationships in the eyes of the law. He said: "The public pat you on the back for having lived together for so long. But that isn't the point. The point is, in [current] law, you have no status at all and that's quite cruel to actually have to face finally...We've all waited a long time for this. It is in place in many countries already and has been for years." Bentham and Hawthorne had lived together for 22 years. But under law, Bentham had no more rights than a roommate when his partner died. He almost lost their home because of the necessity to pay inheritance tax -- a cost that would not have been applicable if the Civil Partnership law was in place at the time. "7
bulletMike Judge, spokesperson for the Christian Institute said: "We are opposed to the Bill in principle because it devalues marriage by giving all the legal privileges of married couples to same sex couples." "7

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2004-JUL-09: Civil partnership list launched:

The city of Brighton and Hove in the south of England initiated an informal "Pink Wedding Waiting List" for same sex couples to register their intent to enter into civil partnerships. More than 100 same-sex couples entered their names in a pink suede-covered book when it first became available on 2004-MAY-09. Robert Lewes and Keith Willmott-Goodall became the first couple to place their names on the list. As of 2005-MAR, the list has grown to more than 260 couples. In the past, Brighton and Howe have held more same-sex commitment ceremonies than any other city in the UK. They want to continue this reputation once civil partnerships become available by being the "pioneer city for pink weddings."

Council chief executive David Panter said: "The waiting list is a way for a same-sex couple to demonstrate both their commitment to each other and their support for the Bill."

Council leader Ken Bodfish said: "The Bill means we will be able to offer same-sex couples a ceremony that will help provide them with a secure future in a loving relationship."

The city wants to be the first jurisdiction in the UK to register a same-sex couple on 2005-DEC-05. By 2005-MAR, they had picked three couples to be married one second after midnight on DEC-21. "9,10

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2005-JUN-29: Methodist Church changes its policy about blessing same-sex relationships:

Delegates to the conference of the Methodist Church in England voted to give their ministers permission to bless same-sex relationships, if they wish. The Methodist Church is the third largest Christian faith group in England, after the Church of England and the Roman Catholic Church. More details/

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2005-AUG-12: Couple marries in Canada and sues to have their marriage recognized:

Sue Wilkinson, 51, and Celia Kitzinger, 48, are a lesbian couple who live in Yorkshire, England. They married in British Columbia, Canada, returned to England and plan to launch a lawsuit at UK's High Court. Kitzinger told The Independent newspaper: "Our relationship is not a civil partnership, it is a marriage. Any different-sex couple who did what we did would have had their marriage recognized [in England]. I feel insulted about being treated differently than a heterosexual couple."

Under recently passed English law, the couple can register their relationship under the Civil Partnership Act, and receive all the benefits and obligations of marriage. But they would not be considered married by the government.

If they are unsuccessful in British courts, they plan to appeal to the European Court of Human Rights. "14

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2005-DEC-19: Civil Partnerships become available in Northern Ireland:

Grainne Close and Shannon Sickles, a lesbian couple in Northern Ireland, became the second same-sex couple to enter into a civil partnership in the UK. Another couple had married earlier; they were given special dispensation by the government because one spouse was terminally ill. By DEC-22, an estimated 687 couples were "partnershipped." The government estimates that 4,500 couples will be "partnered" in the first year. Information on civil partnerships and public reaction in late 2005-DEC when they became available in the UK.

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2005-JAN-08: Civil Partnership ceremonies unavailable in the Western Isles:

When same-sex couples enter into civil partnerships throughout the UK, they go to their registry office and sign  a basic registration in the presence of two witnesses. They are then offered a ceremony similar to that given to opposite-sex married couples. However, in one of its remotest reasons, the Western Isles, no such ceremony is being offered. According to the Universe Catholic Newspaper: "Western Isles Council’s policy committee has decided not to offer such ceremonies after local registrars said they would be unwilling to carry them out."

Christian church leaders of all denominations organized a campaign against civil partnersips. Father Malcolm MacLellan of St Michael’s parish on Eriskay said that: "Catholics here are loyal to the Church’s teaching that only a man and a woman may marry. There is a danger in speaking out against the civil partnership because you are immediately accused of being homophobic. That is not the case." Not only is the Church opposed to same-sex marriage, they are against recognizing same-sex relationships in any formal way.  An anonymous priest added: "The Western Isles is not some Brigadoon backwater. It’s just that here politicians listen to the will of the people and people oppose these so called gay marriages." 15 The Western Islands are also known as the Inner and Outer Hebrides. They are located in the North Atlantic Ocean, off of western Scotland.

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References:

The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

  1. "Britain To Grant Married Rights To Same-Sex Couples," Catholic World News, 2002-DEC-6, at: http://www.cwnews.com/
  2. "Britain set to give gay couples full rights," The Sun Herald, 2002-DEC-8, at: http://www.smh.com.au/
  3. "Britain Joins 'Gay Marriage' Bandwagon," Citizen Link, Family News in Focus, 2003-JUN-30.
  4. "New rights for gay couples," BBC News Online, 2003-JUN-30, at: http://news.bbc.co.uk/2/hi/
  5. Sandro Contenta, "U.K. unveils 'marriage' proposals: Same-sex couples could register as 'civil partners'." The Toronto Star, Toronto, ON, 2003-JUL-1, Page A7.
  6. "Civil Partnerships Before Christmas 2005," Government News Network, 2005-FEB-21, at: http://www.gnn.gov.uk/
  7. "Gay couples to get joint rights," BBC News, 2005-MAR-31, at: http://news.bbc.co.uk/
  8. "Civil Partnership Registration: What does it mean?," Brighton & Howe City Council, at: http://www.brighton-hove.gov.uk/
  9. "City to pioneer 'gay marriages'," BBC News, 2005-MAR-15, at: http://news.bbc.co.uk/
  10. "Gay wedding waiting list launched," BBC News, 2004-JUL-09, at: http://news.bbc.co.uk/
  11. "The Civil Partnership Bill [HL]: background and debate," House of Commons Research Paper 04/64. at: http://www.parliament.uk/ **
  12. "Civil Partnership Bill," PinkProducts, at: http://www.pinkproducts.co.uk/
  13. "Civil Partnership: A framework for the legal recognition of same sex couples," Women & Equality Unit, at: http://www.womenandequalityunit.gov.uk/ **
  14. "Same-Sex Couple "Married" in Canada Sues for Recognition of Lesbian "Marriage" in UK," LifeSiteNews, 2005-AUG-08, at LifeSiteNews.com [LifeSite news does not recognize same-sex marriages in Canada as true marriages. On their website and news releases, they usually put the word "marriage" in quotation marks when it refers to other than an marriage by an opposite-sex couple.]
  15. "Western Islander priests back ‘gay weddings’ ban," The Universe Newsroom, 2006-JAN-08, at: http://www.totalcatholic.com/

** These are PDF files. You may require software to read them. Software can be obtained free from:

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For detailed information on civil partnerships:

bullet"Civil Partnership" at: http://www.womenandequalityunit.gov.uk/
bullet"Civil Partnerships: A quick guide to registering a civil partnership," at: http://www.gro.gov.uk/
bullet"Civil Partnership Bill [HL], House of Lords, at: http://www.publications.parliament.uk/

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Copyright © 2003 to 2006 by Ontario Consultants on Religious Tolerance
Originally written: 2003-JUL-1
Latest update: 2006-JAN-11
Author: B.A. Robinson

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