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The ties that bind

20 October 2011 / Hle Blog
Issue: 7486 / Categories: Blogs
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HLE blogger James Wilson follows the turning tide relating to gay marriage

 Prime Minister David Cameron made headlines with his recent speech to the Conservative Party Conference. Having stated that he was “consulting on gay marriage”, he went on to say: “Conservatives believe in the ties that bind us; that society is stronger when we make vows to each other and support each other. So I don’t support gay marriage despite being a Conservative. I support gay marriage because I’m a Conservative.”

It seems to me that we have reached this point due to three primary issues. First, the legal rights that marriage has long conferred were seen to discriminate against those who could not legally marry. The concept of civil partnerships was therefore created in order to provide same-sex couples with the same legal rights.

The second issue concerns the right of registrars to refuse to conduct civil partnerships on religious grounds. They were not permitted to refuse.

The third issue was whether religious premises should be permitted to host civil ceremonies. The law giving effect to this (s 202 of the Equality Act 2010) has not yet come into force.

We are therefore about to reach the stage where civil partnerships have the same legal status of marriage; that no registrar can refuse to conduct them on religious grounds; and that religious groups may choose to host civil partnership ceremonies (but may not be forced to do so).

Two side issues arise. First. why civil partnerships have to be restricted to same-sex relationships akin to marriage: some siblings may choose to live together in a chaste relationship, but they will not be permitted to enter into a civil partnership or marriage. The second concerns whether religious groups will always be able to refuse to conduct civil ceremonies on their premises...”

Continue reading at  www.halsburyslawexchange.co.uk
 

Issue: 7486 / Categories: Blogs
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The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
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