[1] argued in the case of Wilkinson v

1 Civil partnership act 2004

2 Nicola Rowlings, ‘The Quest For Civil
Rights’ (2017) 1 Private clients business.

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3 European Convention Of Human Rights
accessed 18
December 2017.

4 Wilkinson
v Kitzinger 2006 EWHC
2022 (fam).

5 See 3

Change took place in 2013 when
the Marriage (same sex couples) act5
was introduced. This act legalised marriages between homosexual couples as well
as protect religious groups from having to perform these marriages. The
legalisation not only demonstrated the acceptance of homosexual marriage but it
also demonstrated how social opinion has caused a change in the law.

Over the past few years,
societies view on same sex marriage has changed and the idea of a civil
partnership has become less favoured. There was an increased demand for equal
rights in relation to full marriage for homosexuals. It was argued that not
being able to marry a person of the same sex went against article 8 of the European
convention of human rights3.
Article 8 surrounds the right to a private and family life and its argued by many
homosexual couples that not being able to marry a person of the same sex
undermined this article. This was argued in the case of Wilkinson v Kitzinger
where 2 women who were UK citizens had married in British Columbia. When they
returned to the UK it was said that their marriage wasn’t allowed under the UK
laws and that they were only entitled to a civil partnership. They argued that
it was a violation of their rights in relation to article 8 and 12. However,
the case was dismissed as it was said that article 8 or 12 themselves didn’t guarantee
a right to have the marriage recognised and her case did not demonstrate that
the articles had been violated.4

Social change is evident with
regards to issues on same sex marriage. 2004 saw the introduction of the civil
partnership act1
which allowed same sex couples to enter a legally recognised relationship. This
was introduced by the government in hope that it would give everyone a right to
a legally recognised relationship. However, it could be said that this act was
introduced as a political halfway house as society was not ready to accept full
equality in terms of same sex marriage.2



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