Dr Andrew Hayward a.p.hayward@durham.ac.uk
Associate Professor
OPPOSITE-SEX couples are prohibited from forming a civil partnership. Following the introduction of same-sex marriage, the Civil Partnership Act 2004 was not extended to opposite-sex couples, resulting in the unusual position that English law permits same-sex couples access to two relationship forms (marriage and civil partnership) yet limits opposite-sex couples to one (marriage). This discrimination was recently challenged in the courts by an opposite-sex couple, Rebecca Steinfeld and Charles Keidan, who wish to enter a civil partnership owing to their deeply-rooted ideological opposition to marriage. Rejecting marriage as a patriarchal institution and believing that a civil partnership would offer a more egalitarian public expression of their relationship, the couple argued that the current ban constitutes a breach of Article 14 read in conjunction with Article 8 of the European Convention on Human Rights.
Hayward, A. (2017). Justifiable Discrimination - The Case of Opposite-Sex Civil Partnerships. Cambridge Law Journal, 76(2), 243-246. https://doi.org/10.1017/s0008197317000502
Journal Article Type | Article |
---|---|
Acceptance Date | May 10, 2017 |
Online Publication Date | Jul 12, 2017 |
Publication Date | Jun 1, 2017 |
Deposit Date | May 10, 2017 |
Publicly Available Date | May 30, 2017 |
Journal | Cambridge Law Journal |
Print ISSN | 0008-1973 |
Electronic ISSN | 1469-2139 |
Publisher | Cambridge University Press |
Peer Reviewed | Not Peer Reviewed |
Volume | 76 |
Issue | 2 |
Pages | 243-246 |
DOI | https://doi.org/10.1017/s0008197317000502 |
Accepted Journal Article
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Copyright Statement
This article has been accepted for publication and will appear in a revised form in The Cambridge Law Journal https://doi.org/10.1017/S0008197317000502. This version is free to view and download for private research and study only. Not for re-distribution, re-sale or use in derivative works. © Cambridge Law Journal and Contributors 2017.
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