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Durham Research Online
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Justifiable discrimination - the case of opposite-sex civil partnerships.

Hayward, A. (2017) 'Justifiable discrimination - the case of opposite-sex civil partnerships.', Cambridge law journal., 76 (2). pp. 243-246.

Abstract

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.

Item Type:Article
Full text:(AM) Accepted Manuscript
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Status:Not peer-reviewed
Publisher Web site:https://doi.org/10.1017/S0008197317000502
Publisher 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.
Date accepted:10 May 2017
Date deposited:30 May 2017
Date of first online publication:12 July 2017
Date first made open access:30 May 2017

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