1 Civil partnership act 20042 Nicola Rowlings, ‘The Quest For CivilRights’ (2017) 1 Private clients business. 3 European Convention Of Human Rights
This act legalised marriages between homosexual couples as wellas protect religious groups from having to perform these marriages. Thelegalisation not only demonstrated the acceptance of homosexual marriage but italso 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 civilpartnership has become less favoured.
There was an increased demand for equalrights in relation to full marriage for homosexuals. It was argued that notbeing able to marry a person of the same sex went against article 8 of the Europeanconvention of human rights3.Article 8 surrounds the right to a private and family life and its argued by manyhomosexual couples that not being able to marry a person of the same sexundermined this article. This was argued in the case of Wilkinson v Kitzingerwhere 2 women who were UK citizens had married in British Columbia.
When theyreturned to the UK it was said that their marriage wasn’t allowed under the UKlaws and that they were only entitled to a civil partnership. They argued thatit 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 guaranteea right to have the marriage recognised and her case did not demonstrate thatthe articles had been violated.4 Social change is evident withregards to issues on same sex marriage. 2004 saw the introduction of the civilpartnership act1which allowed same sex couples to enter a legally recognised relationship.
Thiswas introduced by the government in hope that it would give everyone a right toa legally recognised relationship. However, it could be said that this act wasintroduced as a political halfway house as society was not ready to accept fullequality in terms of same sex marriage.2 Social