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You can find the current article at its original source at https://www.theguardian.com/commentisfree/2018/jun/27/the-guardian-view-on-heterosexual-civil-partnerships-a-good-thing
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| The Guardian view on heterosexual civil partnerships: a good thing | The Guardian view on heterosexual civil partnerships: a good thing |
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| Since 2005, gay couples in the UK have been able to form civil partnerships. Since 2014, those in England, Scotland and Wales have also had the right to wed. Yet this choice for opposite-sex couples has been denied. Many assume that for heterosexual relationships, the courts recognise a common-law wife or husband. They do not. By affording rights to same-sex couples and not opposite-sex ones, the supreme court squarely says the United Kingdom is discriminating against heterosexual partners. | Since 2005, gay couples in the UK have been able to form civil partnerships. Since 2014, those in England, Scotland and Wales have also had the right to wed. Yet this choice for opposite-sex couples has been denied. Many assume that for heterosexual relationships, the courts recognise a common-law wife or husband. They do not. By affording rights to same-sex couples and not opposite-sex ones, the supreme court squarely says the United Kingdom is discriminating against heterosexual partners. |
| The judgment is another reminder that forms of love and commitment are unequal in the eyes of statute. It was delivered because a couple, Rebecca Steinfeld and Charles Keidan, had ideological objections to marriage, which they deem patriarchal, but wanted a way to formalise their long-term relationship. It is important to note that not all unmarried couples have defied convention in such intellectual terms. Some may be drifting through life collecting mortgages and children without marriage. Some may be simply living together in bliss – and, in the church’s eye, sin. | The judgment is another reminder that forms of love and commitment are unequal in the eyes of statute. It was delivered because a couple, Rebecca Steinfeld and Charles Keidan, had ideological objections to marriage, which they deem patriarchal, but wanted a way to formalise their long-term relationship. It is important to note that not all unmarried couples have defied convention in such intellectual terms. Some may be drifting through life collecting mortgages and children without marriage. Some may be simply living together in bliss – and, in the church’s eye, sin. |
| Civil partnerships were created in 2004 as a means of allowing same sex couples to enter into a union that guarantees them similar legal rights to those who are married. | Civil partnerships were created in 2004 as a means of allowing same sex couples to enter into a union that guarantees them similar legal rights to those who are married. |
| There are differences between the two forms of union, partially symbolic and partially matters of substance. For a marriage, the ceremony is solemnised by the couple saying a prescribed form of words; in a civil partnership, the couple can simply sign a document. | There are differences between the two forms of union, partially symbolic and partially matters of substance. For a marriage, the ceremony is solemnised by the couple saying a prescribed form of words; in a civil partnership, the couple can simply sign a document. |
| Marriages can be conducted through either a civil or religious ceremony, at a registry office, church or wherever a venue is licensed. Civil partnerships are secular events, although partners can choose to hold a religious ceremony on the day. | Marriages can be conducted through either a civil or religious ceremony, at a registry office, church or wherever a venue is licensed. Civil partnerships are secular events, although partners can choose to hold a religious ceremony on the day. |
| Civil partners cannot declare, for legal purposes, that they are married. Civil partnership certificates include the names of both parents of the parties whereas marriage certificates in England and Wales include only the names of a couple's fathers – for the time being. | |
| In terms of annulment the rules are virtually identical, although the clause that permits a marriage to be dissolved if one partner is 'suffering from a venereal disease in a communicable form' does not apply to civil partnerships. | In terms of annulment the rules are virtually identical, although the clause that permits a marriage to be dissolved if one partner is 'suffering from a venereal disease in a communicable form' does not apply to civil partnerships. |
| Likewise, adultery can be grounds for a married couple to divorce though it cannot be relied upon to end a civil partnership. | Likewise, adultery can be grounds for a married couple to divorce though it cannot be relied upon to end a civil partnership. |
| Those in civil partnerships and those who are married enjoy the same tax breaks and benefits – such as the marriage allowance and bereavement payments. Surviving civil partners are treated the same as widows or widowers in terms of rights to state pension. | Those in civil partnerships and those who are married enjoy the same tax breaks and benefits – such as the marriage allowance and bereavement payments. Surviving civil partners are treated the same as widows or widowers in terms of rights to state pension. |
| While those who are married and in civil partnerships enjoy extensive legal rights, those who are merely cohabiting – 3.3 million couples at the last estimate – have no legal protections or property rights if one of them dies. | While those who are married and in civil partnerships enjoy extensive legal rights, those who are merely cohabiting – 3.3 million couples at the last estimate – have no legal protections or property rights if one of them dies. |
| Yet as a society we have become intensely relaxed about such situations. This is a good thing. Thankfully we are no longer collectively so uptight, so censorious on matters of sex and love. The number of people in the UK living as couples who are married or in civil partnerships is stable at just under 13 million. The number of couples cohabiting has doubled from 1.5 million in 1996, to 3.3 million. Last year, more than a quarter of babies were born to unmarried parents. | Yet as a society we have become intensely relaxed about such situations. This is a good thing. Thankfully we are no longer collectively so uptight, so censorious on matters of sex and love. The number of people in the UK living as couples who are married or in civil partnerships is stable at just under 13 million. The number of couples cohabiting has doubled from 1.5 million in 1996, to 3.3 million. Last year, more than a quarter of babies were born to unmarried parents. |
| Nevertheless, most couples who are living together either wrongly believe they have rights if they separate or are completely unaware of what rights they may not have. In effect, such couples are being treated by the state as second-class citizens. By not being married they often miss out on rights under company pension schemes, cannot access income-tax breaks for couples or have entitlement to bereavement benefits. They miss out on inheritance-tax advantages currently restricted to married couples. It is often women who lose out, bereft of the legal protections that marriage confers. | Nevertheless, most couples who are living together either wrongly believe they have rights if they separate or are completely unaware of what rights they may not have. In effect, such couples are being treated by the state as second-class citizens. By not being married they often miss out on rights under company pension schemes, cannot access income-tax breaks for couples or have entitlement to bereavement benefits. They miss out on inheritance-tax advantages currently restricted to married couples. It is often women who lose out, bereft of the legal protections that marriage confers. |
| The supreme court noted that “the government knew that it was perpetrating unequal treatment by the introduction of [gay marriage] but it decided to take no action” because ministers could not decide how to proceed. This paralysis by analysis is fast becoming a leitmotif of Tory administration. The only objections that ministers have recorded are from the Church of England and the Methodist Church. It has been a long time since the spiritual and temporal stepped out in tandem. This is not a moment for them to do so. Instead, today’s government should pick up where Justine Greening as education secretary left off. She proposed extending civil partnerships to opposite-sex couples. This was the right thing to do. The world has moved on. Ministers should too, and legislate for rights for cohabitees. | The supreme court noted that “the government knew that it was perpetrating unequal treatment by the introduction of [gay marriage] but it decided to take no action” because ministers could not decide how to proceed. This paralysis by analysis is fast becoming a leitmotif of Tory administration. The only objections that ministers have recorded are from the Church of England and the Methodist Church. It has been a long time since the spiritual and temporal stepped out in tandem. This is not a moment for them to do so. Instead, today’s government should pick up where Justine Greening as education secretary left off. She proposed extending civil partnerships to opposite-sex couples. This was the right thing to do. The world has moved on. Ministers should too, and legislate for rights for cohabitees. |
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| Gay marriage | Gay marriage |
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