CIVIL PARTNERSHIP

Gresham V

Ruth Deech

Homosexuality and the law

• From Buggery Act 1533 to

• Offences against the Person Act 1861

• Oscar Wilde’s conviction to

• The Wolfenden Report to

• Sexual Offences Act 1967

Changes in the Law

• Human Rights Act 1998 Arts. 8, 12, 14

• Right to a private and family life, to marry, no discrimination

• Adoption and Children Act 2002

• Civil Partnership Act 2004

• Human Fertilisation & Embryology Act 2008

Case law

• Hyde v Hyde (1866): the voluntary union for life of one man and one woman to the exclusion of all others

• Fitzpatrick v Sterling Housing Assoc (1998): same sex couple = family

• Ghaidan v. Godin-Mendoza (2004): no discrimination in succession to tenancy

Civil Partnership Act 2004

• Registration of union of two people of the same sex

• Not under 16, within the prohibited degrees, or married

• Rights and responsibilities over children

• Financial provision and property on dissolution

• 2006 – 18059; 2007 - 8728

Wilkinson and Kitzinger

• Married in Vancouver• Were refused

declaration that it should be recognised in UK

• S.4 Human Rights Act• S.11(c) Matrimonial

Causes Act• S. 215 Civil

Partnerships Act

Transsexuals

• Arthur Corbett and April Ashley – no change allowed

• Bellinger – transsexuals should be allowed to marry

• Gender Recognition Act 2004

Other countries

• Same sex marriage in S. Africa, Holland, Ontario, Quebec, Spain, Massachusetts, Iowa, Connecticut

• Goodridge v. Dept of Public Health

Home Affairs v. Fourie

Human Fertilisation and Embryology Act 2008

• Ss. 42, 43 46, and Sched 6 – two women may be named on birth certificate, even if one died before birth of baby

• S.14 For a father substitute “supportive parenting”