A heterosexual couple in the UK have lost their legal battle to enter into a civil partnership instead of a marriage, because the country’s 2004 Civil Partnership Act states that only same-sex couples are eligible to do so.
Academics Rebecca Steinfeld (35) and Charles Keidan, who have a 20-month-old daughter, have said that they object to what they call “the patriarchal baggage” of marriage.
The couple, who are from London, want to have their seven-year relationship legally recognised in a civil partnership.
Last November, the pair had their judicial review dismissed by the High Court. Today’s ruling by the Court of Appeal dismissing their legal challenge was a further blow to Ms Steinfeld and Mr Keidan, who say that the British Government’s position is breaching equality laws.
The couple’s barrister, Karon Monaghan QC, told three judges hearing the appeal that the ban on heterosexual (opposite-sex) couples entering civil partnerships was incompatible with both Article 14 of the European Convention on discrimination and Article 8 on respecting family life.
The Telegraph reports that judges agreed Mr Keidan and Ms Steinfeld have established a potential violation of the European Convention on discrimination when taken with Article 8. The couple commented after the case that they were pleased with the ruling as it has highlighted the unfair situation,
“All three judges agreed that we’re being treated differently because of our sexual orientation, and that this impacts our private and family life.
All three rejected the argument that we could ‘just get married’. All three emphasised that the Government cannot maintain the status quo for much longer – they are on borrowed time.”
Mr Keidan reinforced the importance of their legal battle,
“We lost on a technicality, that the Government should be allowed a little more time to make a decision. So there’s everything to fight for, and much in the ruling that gives us reason to be positive and keep going.
The Court of Appeal has made it clear the status quo cannot continue. The Government should now recognise the benefits of opening civil partnerships to mixed-sex couples.
The measure is fair, popular, good for families and children, and long overdue. They have everything to gain.”
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