Hayward, A. (2017) 'Justifiable discrimination - the case of opposite-sex civil partnerships.', Cambridge law journal., 76 (2). pp. 243-246.
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.
|Full text:||(AM) Accepted Manuscript|
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|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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