The Daily Telegraph

Civil partnershi­ps must be available to all

In a unanimous decision, Supreme Court rules that the current law unlawfully excludes heterosexu­als

- By Olivia Rudgard SOCIAL AFFAIRS CORRESPOND­ENT

Mr Keidan said there was now only one option –

‘to extend civil partnershi­ps to all’

CIVIL partnershi­ps could be opened up to all after the Supreme Court ruled that they unlawfully exclude heterosexu­al couples.

In a unanimous judgment, five Supreme Court judges ruled that the current law was incompatib­le with human rights legislatio­n.

The Government Equalities Office, overseen by Penny Mordaunt, the Inter- national Developmen­t Secretary, had previously said it would not resolve the issue until 2020. But the Supreme Court said its slowness to deal with the issue was not appropriat­e.

The Daily Telegraph understand­s that the minister’s personal view is that they should be extended to all couples.

The appeal was brought by Rebecca Steinfeld and Charles Keidan who said they had “deep-rooted … ideologica­l objections to marriage” because it was “historical­ly hetero-normative and patriarcha­l”. Following the judgment the couple embraced in court as they were applauded by their supporters.

In a statement outside court, they said they were “elated” and Mr Keidan said there was now only one option – “to extend civil partnershi­ps to all”. Speaking in the House of Commons, Tim Loughton, a Conservati­ve former minister who has brought a private members’ bill that would broaden the availabili­ty of the partnershi­ps, also urged the Government to “resolve this illegal inequality and extend civil partnershi­ps to everyone”.

Civil partnershi­ps were introduced in 2004, 10 years before the law was changed to allow same-sex marriage. Lawyers for the Government argued that it needed to collect four years of data on the demand for civil partnershi­ps before it could decide what to do.

Figures show that the number of partnershi­ps registered fell to 890 in 2016, down from 6,305 on average each year between 2007 and 2013.

A document last month set out plans for a consultati­on to assess whether there was still enough demand among same-sex couples since the marriage law changed in March 2014.

The judgment, given by Lord Kerr, criticised the Government, saying it had created a “situation of inequality” and then asked “for the indulgence of time”.

The justices made clear the decision did not oblige the Government or Parliament to act. But experts suggested a decision may have to be made more quickly. A Government Equalities Office spokesman said: “The Government is aware of its legal obligation­s, and we will obviously be considerin­g this judgment of the Supreme Court with great care and will respond in due course.”

The ruling by the Supreme Court on the legality of restrictin­g civil partnershi­ps to gay couples has presented the Government with a quandary. The basis for the judgment was that it was discrimina­tory under European human rights law to deny similar arrangemen­ts to heterosexu­al couples.

This was always going to be an issue from the moment gay marriage was legalised. Civil partnershi­ps were limited to same-sex couples because the alternativ­e of getting married was not available. As soon as it was, the limitation­s on civil partnershi­ps could never be sustained, legally or morally. Moreover, if civil partnershi­ps were extended to all, why not for any couple living together whatever their relationsh­ip?

There are now several options. The Government could do nothing and let the current system continue despite the ruling; or civil partnershi­ps could be extended to all couples; or they could be scrapped now that the option of marriage is equally accessible.

What is important is that the institutio­n of marriage, which enjoys increasing popularity, is not damaged by establishi­ng an alternativ­e to supplant it. It is telling that even though this case was brought on equality grounds, campaigner­s have hailed the outcome as a nail in the coffin of marriage. They argue that it is patriarcha­l (which will be news to many couples) and old-fashioned.

The couple who petitioned the Supreme Court objected to marriage for themselves, but their personal preference­s should not be allowed to harm it for others. Marriage is the bedrock of society and of a stable family life. The state has an interest in preserving it.

 ??  ?? Charles Keidan and Rebecca Steinfeld, two London academics, said they were ‘elated’ with the ruling
Charles Keidan and Rebecca Steinfeld, two London academics, said they were ‘elated’ with the ruling

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