Civil partnerships for everyone?
Well, not yet.
The UK Supreme Court recently handed down judgment in R (on the application of Steinfeld and another) v Secretary of State for the International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32. The Supreme Court were asked by the appellants, a different-sex couple in a committed long-term relationship to consider why they were unable to enter into a civil partnership.
Under the Civil Partnership Act 2004 ("CPA"), civil partnerships are available only to same-sex couples. The appeal considered whether the refusal to different-sex couples entering into civil partnerships breaches the appellants’ rights under Article 14 together with Article 8 of the European Convention on Human Rights. The couple sought judicial review of the respondent’s continuing decision not to change the act to allow different-sex couples to enter into a civil partnerships.
The Supreme Court has unanimously allowed the appeal and made a declaration that sections 1 and 3 of CPA (to the extent that they preclude a different-sex couple from entering into a civil partnership) are incompatible with Article 14 of ECHR taken in conjunction with Article 8 of the Convention.
It's the recognition that some couples prefer not to enter into marriage and that civil partnership should be an alternative to enable all couples to reflect their chosen values. Of course we have to wait now to see if the government will change the law to allow couples to enter into civil partnerships.
