Couple claim right to civil partnership in court win
CIVIL partnerships could now be made available to all couples after a landmark legal ruling yesterday.
Five Supreme Court judges allowed an appeal by Rebecca Steinfeld, 37, and Charles Keidan, 41, who said they had a right to a civil partnership, only available to a same-sex couple.
The judges ruled that the current law was incompatible with human rights legislation.
The couple, who have two young daughters, say they do not wish to marry but are prevented from having a legal union because the Civil Partnership Act 2004 says only gay couples are eligible.
The judgment does not oblige the Government to change the law but makes it far more likely that it will act.
The academics, from Hammersmith, west London, lost their case of discrimination at the Court of Appeal in February last year. But they were allowed a hearing at the Supreme Court, which was held in May.
Discrimination
In a decision announced yesterday the judges said the 2004 Act was “incompatible” with human rights laws on discrimination and the right to a private and family life.
Lord Kerr, explaining the ruling yesterday, said the Government “does not seek to justify the difference in treatment between same-sex and different sex couples. To the contrary, it accepts that the difference cannot be justified.”
What the Government sought was “tolerance of the discrimination while it sorts out how to deal with it”, he said. But he concluded: “That cannot be characterised as a legitimate aim.”
Outside court Ms Steinfeld said: “Today we are a step closer to opening civil partnerships to all, a measure that would be fair, popular and good for families and children across the country.”
Mr Keidan said there was now only one option, “to extend civil partnerships to all”.
The couple’s barrister, Karon Monaghan QC, told the court they have “deep-rooted and genuine ideological objections to marriage” and are “not alone” in their views. She added: “These are important issues, no small matters, and they are serious for my clients because they cannot marry conformable with their conscience.”
Martin Loat, chairman of the Equal Civil Partnerships campaign, said last night: “There is only one possible way forward – giving everyone the right to a civil partnership and end this injustice now.”