Private International Law

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 15

MAHARASHTRA NATIONAL LAW UNIVERSITY

AURANGABAD

VII SEMESTER.

PRIVATE INTERNATIONAL LAW


Research Paper On

SAME SEX MARRIAGE AND CIVIL PARTNERSHIP – A GLOBAL


PERSPECTIVE.

SUBMITTED BY – HARSHITA PARIHAR


ROLL NO 08

SUBMTTED TO – SOMYA RAJSINGH, PROFESSOR OF LAW

DECLARATION

PRIVATE INTERNATIONAL LAW 1


“I the undersigned solemnly declare that the project report on the above topic is based on my
own work carried out during the course of our study under the supervision of Faculty of
PRIVATE INTERNATIONAL LAW. I assert the statements made and conclusions drawn
are an outcome of my research work.  I further certify that: 

I. The work contained in the report is original and has been done by me under the general
supervision of my supervisor. 

II. The work has not been submitted to any other Institution for any other
degree/diploma/certificate in this university or any other University of India or abroad.

III. We have followed the guidelines provided by the university in writing the report. 

IV. Whenever we have used materials (data, theoretical analysis, and text) from other
sources, we have given due credit to them in the text of the report and giving their details in
the references”. 

                                                                                                                      Harshita
Parihar

                                                                                                                      
2018/BALLB/08

PRIVATE INTERNATIONAL LAW 2


ABSTRACT

Starting at 2021, marriage between individuals of a similar sex has been lawfully acted in 29
nations. The Netherlands was the principal country on the planet to sanction same-sex
marriage precisely 20 years prior, with the latest being Costa Rica in 2020. No nation has
switched a law permitting same-sex marriage, while support for same-sex marriage has
likewise expanded. In 2019, Taiwan turned into the primary government in Asia to invite
legitimization on same-sex marriage. A Japanese court decided that the public authority's
inability to permit same-sex relationships is abusing Article 14 of the Constitution, which
guarantees the right to fairness. Different nations in Asia, including Thailand, have likewise
been talking about the possibility of legitimizing same-sex marriage. In any case, battling for
balance in marriage is not even close to fulfillment. Most pieces of Asia, Africa, and Latin
America actually have laws restricting same-sex marriage, with almost 70 nations proceeding
to condemn same-sex relations. The world is captivated with respect to LGBTIQ
acknowledgment. The ascent of patriotism, against globalization and unseen interconnected
effects of the pandemic on the marriage equity development have implied that resistance
stays solid in numerous nations.

KEYWORDS- Same sex marriage, Countries, Legalization, LGBTIQ, Civil partnership.

PRIVATE INTERNATIONAL LAW 3


INTRODUCTION

“Legitimate acknowledgment of same-sex associations and relationships has been at the


bleeding edge of media consideration in East Asian social orders. In Taiwan, in 2012 Huang
Mei-Yu and her accomplice of seven years, Yu Ya-Ting, held the main same-sex Buddhist
wedding function, performed by an exceptionally regarded Buddhist expert Shih Chao-Hwei.
In Japan, on 5 November 2015, previous Takarazuka stage entertainer, essayist and LGBT
dissident Higashi Koyuki strolled into the Shibuya ward office with her accomplice Masuhara
Hiroko and enlisted as an equivalent sex couple” 1. “Around the same time, Hong Kong
property head honcho Cecil Chao opened up to the world on the media to offer HK$500
million (comparable to £40 million) to any man who might wed his lesbian girl Gigi Chao
after he discovered through a paper about his little girl's union with her accomplice Sean Eav
in Paris. These three scenes were broadly announced in neighborhood and global news
sources including the BBC and CNN. The media inclusion shows how the issue of legitimate
acknowledgment of same-sex organization in East Asia has acquired perceivability (Chien,
2012)”.

A bountiful writing discussing same-sex marriage and common associations in the Euro-
American setting has gathered over the most recent twenty years (Clarke and Finlay, 2004;
Peel and Harding, 2008). Marriage equity is frequently seen as accessing legitimate privileges
dependent on basic convictions in common freedoms and majority rule government just as
instrumental freedoms and financial advantages (Eskridge, 2002). Then again, women's
activist researchers have since a long time ago scrutinized the transition to be co-selected by a
man centric framework that has been generally harsh to ladies (Jeffreys, 2004; Nair, 2010).
Strange pundits of marriage equity have featured how same-sex marriage could support the
heteronormative organizations of marriage and family (Beam, 2018; Duggan, 2002).
Researchers in East Asia are perceptive of yet in addition careful about the commonplace
nature of Euro-American talks. Their work uncovers a basic contextualization in the family
and connection framework while investigating the social and social implications of getting
hitched for lesbian and gay people (Choi and Luo, 2016; Shida, 2009; Shimizu, 2015).

For our near study, we completed subjective inside and “read out interviews with 31 gay men
and lesbians to examine the nuanced comprehension of marriage, family and sexual

1
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4294225/

PRIVATE INTERNATIONAL LAW 4


citizenship inside the setting of discussions on marriage balance across Hong Kong, Japan
and Taiwan and other selective countries. In this article, we initially start with a layout of our
hypothetical structure, trailed by a conversation of our examination plan and strategy. In the
segment on research discoveries, we will address the reasons, inspirations and assumptions
for gays and lesbians in getting hitched or enlisted”. 2 Then, at that point, we continue to
inspect how our members arrange a dominatingly Euro-American pattern in marriage
correspondence through their explanation of the social and social implications of union with
themselves, their accomplices, families and broadened groups of friends through the order of
a wedding service. We contend that as opposed to reflecting digestion to hetero standards, or
homonormativity (Duggan, 2002), and a disloyalty of strange legislative issues, the meeting
information in our similar review show alternate methods of conceptualizing same-sex
associations inside family relations. In the finishing up segment, we talk about how our
review adds to the continuous discussions on same-sex marriage according to a relative point
of view.

TAIWAN

“In Taiwan, later marriage, a higher separation rate and lower ripeness among families are
modifying the significance of hetero marriage. Due in no little part to the ladies' development
during the 1990s, Civil Code changes have step by step changed the male-favor arrangements
to unbiased ones, including parental privileges, youngster authority, marriage property,

2
Victoria Clarke and others, Lesbian, Gay Bisexual, Trans and Queer Psychology: An Introduction (Cambridge
University Press 2010) 173.

PRIVATE INTERNATIONAL LAW 5


family name of the kids, etc”3. The standard of a family comprised by the conjugal
association of a man and a lady wherein the spouse appreciates a larger number of freedoms
than the wife has been changed to a model characterized by a joint organization of two people
(Lee, 2003, 2007; Li, 2007). “The current law diminishes the certain gendered jobs of a
couple and establishes the framework for a sexually impartial organization. Further, the
Gender Equity Education Law ordered in 2004 requires all schools to forgo victimizing
understudies based on sex, sex personalities, sex character, or sexual direction in instructing,
exercises, evaluations, prizes and punishments, advantages, or administrations. This law
likewise requires all degrees of schools to apportion time to instruct understudies to
additional their comprehension of LGBT individuals”4.

“As per a longitudinal investigation of mentalities towards LGBT individuals, in general


friendly resilience towards them has expanded. This is ascribed primarily to associate
contrasts, interceded additionally by progress in schooling and liberal sex/sexual mentalities.
Christians were not particularly prejudiced towards homosexuality in 1995, yet had become
essentially less lenient than different religions by 2012 as LGBT issues acquired
perceivability (Cheng, Wu, and Adamaczyk, 2016)”5.

“After very nearly 100 gathering conversation discussions around Taiwan, in 2013 the
Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) freely upheld three
proposition for same-sex couples and families, begetting the umbrella idea of 'different ways
of shaping families': marriage, association and various individual family. The marriage
balance proposition was the main bill that got political help and a movement was made to the
Legislative Yuan in 2013. However it was a significant stage to introduce the variety of the
neighborhood Taiwanese LGBT people group, 'various individual family' was misjudged as
indiscrimination and assaulted by restricting strict gatherings”6.

3
“John Wolfenden comes 45th in a list of the top 500 lesbian and gay heroes’ The Pink Paper (London, 26
September 1997) 19”.
4
M. R. Woodford, K. P. Luke, A. Grogan-Kaylor, K. I. Fredriksen-Goldsen, L. Gutierrez. (2012) Social
Work Faculty Support for Same-Sex Marriage: A Cross-national Study of U.S. and Anglophone
Canadian MSW Teaching Faculty. Social Work Research 36:4, pages 301-312.
Crossref
5
K. Scherrer, M. Woodford. (2013) Incorporating Content on Gay, Lesbian, Bisexual, Transgender,
and Queer Issues in Leading Social Work Journals. Social Work Research 37:4, pages 423-431.
Crossref.
6
K. Scherrer, M. Woodford. (2013) Incorporating Content on Gay, Lesbian, Bisexual, Transgender,
and Queer Issues in Leading Social Work Journals. Social Work Research 37:4, pages 423-431.
Crossref.

PRIVATE INTERNATIONAL LAW 6


“In December 2016, a subsequent endeavor drove by DPP Congresswoman Yu Mei-Nu and
upheld by cross-party congresspersons to correct the Civil Code taking into consideration
same-sex marriage succeeded and the bill has now been slowed down briefly perusing in the
Legislative Yuan. In one more Constitutional Court challenge recorded by veteran gay
dissident Chi Chia-Wei and the Taipei City Government on whether the current meaning of
marriage abuses the constitution, judges of the Constitutional Court controlled on 24 May
2017 (J. Y. Translation No. 748) that not permitting two people of a similar sex to make a
long-lasting association of a private and select nature to carry on with a typical life abused the
constitution's certifications of both individuals' opportunity of marriage and individuals' on
the right track to equity”7. “The Taiwanese Legislative Yuan has until 24 May 2019 to revise
the Civil Code or to sanction enactment securing same-sex couples. On 24 November 2018,
nonetheless, Taiwanese electors selected in a mandate for an extraordinary law to sanction
same-sex associations instead of changing the Civil Code. Taiwan's bureau proposed a draft
on 21 February 2019 named 'The Enforcement Act of Judicial Yuan Interpretation No. 748'
for same-sex marriage while strict gatherings counterproposed 'The Enforcement Act of
Referendum No. 12' draft, which characterizes same-sex associations as non-conjugal
connections. At the hour of composing, these two drafts are sitting tight briefly perusing in
the Legislative Yuan”.

JAPAN

“Amidst a long pattern of late marriage, a low marriage rate and low rate of birth, the craving
for marriage stays solid. Near 90% of never-wedded matured 18–34 revealed in the most
recent public overview a goal to get hitched (National Institute for Population and Social
Security Research [NIPSSR], 2017). Civil states are proactive in empowering marriage,
supporting some type of matchmaking and giving money related presents for marriage”. 8
“There is each sign that the establishment of marriage and the family is tough in Japan. Seen
more as a way of life distinction instead of an undermining option, lesbian and gay issues
became apparent in the 'gay blast' during the 1990s, in a generally physically liberal social
climate. The current 'LGBT blast' is unique; it is associated less with sexual freedom than
with marriage and family, and is excited around the issue of same-sex organization. 'LGBT'
7
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4294225/
8
Diana M. Reindl, Tera McIntosh, Rhiannon Lewis, Lauren Gellar. (2020) An exploration of social &
emotional factors impacting well-being in women who have sex with women (WSW). Journal of Gay &
Lesbian Social Services 32:3, pages 377-392.

PRIVATE INTERNATIONAL LAW 7


has likewise turned into a family term. The principal public review of mentalities towards
sexual minorities directed in March 2015 (n = 1259, reaction rate 48.4%) showed that 51% of
respondents concurred that 'same-sex marriage ought to be legitimately perceived'. There was
an ideal connection of sentiments with age, with 72% of respondents in their twenties
concurring and 24% of those in their seventies concurring (Kamano, Ishida, Kazama,
Yoshinaka, and Kawaguchi, 2016). A later study directed by a significant news organization
yielded similar outcomes (Asahi Newspaper Survey, March–April 2017, n = 2020, reaction
rate 67%)”9. “At present, the arrangement nearest to lawful acknowledgment is the enlistment
of same-sex association at the city level, in the Shibuya ward in Tokyo starting around 2015.
To enroll as same-sex accomplices, the accomplices should dwell or are planned to live in the
ward. Likewise, they need to present an authenticated archive demonstrating that they are in a
veritable relationship dependent on affection and trust, and that they are living respectively,
assuming particular liability for and supporting each other in coexistence, just as bearing the
commitment to share everyday costs. At the hour of the meetings, various other civil
workplaces, including Setagaya (Tokyo), Iga (Mie), Takarazuka (Hyogo) and Naha
(Okinawa), had drawn up 'rules' that perceived however didn't enroll same-sex organizations.
As of March 2018, five extra civil workplaces have joined their positions. On the other hand,
lesbians and gay men can look for lawful acknowledgment through building up a parent–kid
relationship and drawing up a public accountant deed (Maree, 2004; Tamagawa, 2015). The
impending Tokyo 2020 Olympics and Paralympics have evidently set a 'cutoff time' for Japan
to keep in sync with the high level Western majority rules systems. Significant privately
owned businesses are giving same-sex accomplice advantages, and NGOs are additionally
assembling to make same-sex marriage a reality (for example Equivalent Marriage Alliance –
EMA). Be that as it may, regardless of its keeping a reformist façade in supporting LGBT
privileges in global associations, the decision party stays wary, for sure disobedient, as for
same-sex marriage as well as hostile to segregation laws to secure the freedoms of sexual
minorities, interesting to nationalistic feeling based upon the ('prevalent') Japanese social
benefit of 'comprehension' (Liberal Democratic Party of Japan, 2016). The liberal resistance
groups' help for hostile to separation enactment and same-sex marriage regardless, the
obstruction of the decision party and the solid legitimate primary establishment of marriage
recommend that state acknowledgment of same-sex organization won't be acknowledged in
the close, or even far off, future. The previous conversation shows that the issue of same-sex

9
Jeffrey H. Hudson. (2013) Comprehensive Literature Review Pertaining to Married Men Who Have
Sex With Men (MMSM). Journal of Bisexuality 13:4, pages 417-601.

PRIVATE INTERNATIONAL LAW 8


association is acquiring perceivability at the state level in each exploration site. On a singular
level, regular folks – same-sex couples and activists – display fluctuated reactions to state
arrangements just as transnational legislative issues in their thought of lawful
acknowledgment of same-sex association. In the following segment, we will examine our
examination discoveries with talk with information arranged into three subjects: family
relationship ties and social acknowledgment; the 'critical' second'; and groundbreaking
governmental issues from individual to public.

HONG KONG

In Hong Kong, a high separation rate and low fruitfulness among Hong Kong families have
seen the significance of hetero marriage change in the beyond 50 years (Ho, 2008). However,
marriage stays 'a profoundly beneficial societal position's and 'a center social foundation'
among most Hong Kong residents (Ting, 2014). “Lawful acknowledgment of same-sex
couples is restricted without really any affirmation of same-sex relationships or common
associations, thusly limiting lawful freedoms to issues of tax assessment, property and
movement (Suen et al., 2016). Same-sex marriage is as yet viewed as a profoundly dubious
issue since its potential section focuses to rolling out primary improvements to the Chinese
family-connection framework (Yeo and Chu, 2018). There is likewise no enactment shielding
sexual minorities from any type of segregation in Hong Kong. There are right now two
mandates that stretch out acknowledgment to people in unmarried living together connections

PRIVATE INTERNATIONAL LAW 9


paying little mind to closest relative relations, in particular, the Domestic and Cohabitation
Relationships Violence Ordinance and the Electronic Health Record Sharing System
Ordinance”10.

“Marriage correspondence turned into a vital stage to battle for LGBT common liberties
particularly when a transsexual lady known as 'W' won her entitlement to wed her beau in
2013. The candidate W who was relegated male upon entering the world went through sex
reassignment medical procedure to turn into a lady. After the medical procedure, she wished
to wed her male accomplice yet was denied by the Registrar of Marriages. The Court of Final
Appeal concluded that her entitlement to wed had been penetrated and that a transgender
individual who had lawfully changed sexual orientation should be permitted to wed in their
asserted sex. This legal dispute was fantastic as it raised public mindfulness concerning
whether same-sex marriage would be the following stage, however Chiang (2017) called this
choice 'respectful residuals of heteronormativity' to feature the heterosexist presumption
supposedly reformist freedoms” .11On another front, the bounty of global organizations has
seen movement authorities handling the issue of same-sex relationships enlisted abroad as
ostracizes with European and Canadian citizenship carry their equivalent sex accomplices to
work in the city (Chu, 2015). “A legal decision in April 2017 perceived Scott Adams, the
husband of a gay senior migration official, Leung Chun-Kwong, as qualified for similar
advantages as hetero life partners in the common help. A gathering of favorable to foundation
administrators requested of to encourage the public authority to safeguard family esteems by
contradicting same-sex marriage. After a month, the Hong Kong government declared that it
was engaging against the High Court administering. In September of that very year, a lesbian
exile known as 'QT' won the allure against the Immigration Department's choice to not allow
a reliant visa for her to live and work in Hong Kong. On 1 November, the Immigration
Department recorded an allure against the Court of Appeal's choice. At long last in July 2018,
the top court conveyed a great decision requiring the Immigration Department to concede
spousal visas for same-sex accomplices”.

INDIA
10
“Michael R. Woodford, Brittanie Atteberry, Matthew Derr, Michael Howell. (2013) Endorsement for
Civil Rights for Lesbian, Gay, Bisexual, and Transgender People Among Heterosexual College
Students: Informing Socially Just Policy Advocacy. Journal of Community Practice 21:3, pages 203-
227”.
11
Abbie E. Goldberg, Katherine A. Kuvalanka. (2012) Marriage (In)equality: The Perspectives of
Adolescents and Emerging Adults With Lesbian, Gay, and Bisexual Parents. Journal of Marriage and
Family 74:1, pages 34-52.
Crossref.

PRIVATE INTERNATIONAL LAW 10


Following the new choice of the Supreme Court of India in Suresh Kumar Koushal v. Naz
Foundation1 (in the future alluded to as Koushal) maintaining the legitimacy of Section 377
of the Penal Code that condemns lustful intercourse 'against the request for nature', greater
part of the conversations have based on the best way of getting the choice upset. This paper
contends that look for legitimate acknowledgment of same-sex connections all the while
since segregation based on sexual direction is frightful whether under common or criminal
laws. Marriage laws just perceive hetero associations, denying same-sex couples of the state
benefits too as friendly and legitimate acknowledgment that wedded people appreciate.
“Koushal holds that there exists a presumption of constitutionality of a statutory provision,
and opined that there is a presumption that the legislature would act in the best interests of the
people. In fact, it goes so far as to state that even pre-Constitutional laws may be considered a
manifestation of the will of the Indian people.12 The Court overlooked that the decisions cited
by it had pointed out that a valid law may become invalid with the passage of
time.13Secondly, the Court held that the classification between those indulging in carnal
intercourse in the ordinary course and against the order of nature is intelligible, in order to
hold that Section 377 was not violative of Article 14 of the Constitution 14. “This ignored
precedents which require a justification of the classification in relation to the stated objective
being pursued”. Besides, the Court held that the order between those reveling in lustful
intercourse in the standard course and against the request for nature is coherent, to hold that
Section 377 was not violative of Article 14 of the Constitution11. This overlooked points of
reference which require a legitimization of the characterization according to the expressed
target being pursued. Thirdly, the Court held that Section 377 didn't abuse Article 15, giving
no reasons whatsoever. This is especially odd considering the most incredible and intriguing
part of Naz Foundation gave the legal thinking regarding why separation on the grounds of
sexual direction was violative of Article 15 and that the expression "sex" in the Article
included "sexual orientation". Similarly, the Koushal seat talked about a few milestone cases
under Article 21 however didn't give any thinking with regards to how Section 377 is not
infringing upon Article 2115 At long last, the Court expressed that the choice to cancel
Section 377 needed to be passed on to the Parliament, successfully coordinating a gathering

12
Suresh Kumar Koushal, supra note 1, at para 28
13
Vikram Raghavan, Taking Sexuality Seriously: The Supreme Court and the Koushal case, Law & Other Things
(December 16, 2013), http://lawandotherthings.blogspot.in/2013/12/taking-sexuality-seriously-
supreme_16.html.
14
Indian Constitution.
15
Suresh Kumar Koushal, supra note 1, at para 51

PRIVATE INTERNATIONAL LAW 11


that it perceives as a minority that its privileges ought to be ensured by the majoritarian arm
of government for example Parliament”.16

Extraordinary governmental issues from individual to public

Worldwide conversation on legitimate acknowledgment of same-sex connections and same-


sex marriage affected our members. The vast majority of them knew about the fluctuating
levels of progress in the issue in different nations. While many referenced 'the West',
explicitly the United States in Hong Kong and Europe too in Japan, Taiwan was clearly in
our Hong Kong members' brain, even as an objective for movement. The regionalization of
LGBT governmental issues has likewise reoriented Hong Kong activists from zeroing in
basically on Euro-American discussions to Asian urban communities and countries. Hong
Kong long-lasting lesbian dissident Wai featured this shift by saying: What's going on in
Taiwan and America influences Hong Kong, as well. At the point when they originally
sanctioned gay marriage across the US, everybody behaved like they were American.
Everybody changed [their] Facebook profile to rainbow like there's no tomorrow. Totally
different from when gay marriage was passed in other European nations! Yet, the most recent
loss in Taiwan's mandate has seen much more individuals adding the casing 'Together
Stronger' onto their Facebook profile picture, even the entirety of my straight companions did
it. We were so disillusioned with the result of the mandate! In any case, somewhere around
three Hong Kong members communicated their desires to move and live in Taiwan due to the
possible legitimization of same-sex marriage. One member, Maggy, talked about Taiwan's
LGBT governmental issues as 'reformist and popularity based': “I felt like Hong Kong wasn't
the city I knew any longer. Basically Taiwan is a majority rule society. In the event that I
move to Taiwan, and I accept they will pass the law for gay marriage very soon, we can get
hitched. Then again, due maybe to some extent to the European foundations of the general set
of laws in Japan, Japanese activists have sought Europe and North America for models to
pressure the public authority towards changes (Tanamura and Nakagawa, 2016). Members in
Japan were likewise aware of a wide feeling of variety, including the freedoms of single
individuals, the debilitated, etc. Chie went past marriage equity to talk about resilience: There
are many justifications for why we need same-sex marriage. As I said, legitimate security and
confirmation are critical yet same-sex marriage prompts the acknowledgment of 'sexual
minorities' in the public arena. I experienced my sex character and sexual direction for just
16
Suresh Kumar Koushal, supra note 1, at para 42.

PRIVATE INTERNATIONAL LAW 12


about 30 years. On the off chance that I had realized that there were individuals with assorted
sexualities and sex characters, not simply hetero people, it would have completely changed
me”.

Her accomplice, Chikako, further explained:

“We are not activists, so we are not meaning to offer political expressions through the
[partnership] testament however the facts confirm that I need to make other LGBT
individuals' lives better here and there. On the off chance that nobody exploits the
endorsement, it would be awful, individuals would think 'goodness, nobody needs this
declaration'. On 16 October 2016, French educator Jacques Picoux kicked the bucket
subsequent to tumbling from the tenth floor of a structure in Taipei. His drawn out
accomplice of 35 years, Zeng Jingchao, had as of late kicked the bucket from malignant
growth and the family had assumed control over the level where the couple were living
preceding Zeng's demise. Picoux was accepted to have ended it all. His demise has prompted
requires a critical sanctioning of same-sex marriage and pushed the 2016 marriage balance
authoritative endeavors and social activism. These worries have prodded a portion of our
members into activism for social change and lawful change”.

Some Taiwanese members resounded with these considerations too. Fred said: I needn't
bother with any open service, yet on the off chance that I can do the marriage enrollment, I
will enlist, then, at that point, I can partake in those freedoms which hetero couples as of now
appreciate. It is unbelievable this self destruction misfortune happened just along these lines,
subsequently I feel we should allow gay people to partake in similar privileges as any
remaining individuals.

CIVIL PARTNERSHIP

“A civil partnership is a legal relationship entered into by a couple which is registered and
provides them with similar legal rights to married couples.
Civil partnerships were introduced in 2005 to provide legal recognition and protection for
same sex couples. Since then the law has further developed to enable marriages between
same sex couples too. This created the unusual situation whereby same sex couples had the
choice of marriage or civil partnership, but opposite sex couples were restricted to marriage
only.
There are a variety of reasons why couples choose not to marry, for example, those who have
been married before may have personal or religious beliefs for not repeating the process,

PRIVATE INTERNATIONAL LAW 13


whereas others object to the patriarchal or religious associations of a traditional marriage and
marriage ceremony”17.
“This lack of choice was seen by many as a breach of human rights, most notably in the
highly publicised case of Rebecca Steinfield and Charles Keidan in which the Supreme Court
unanimously declared that their human rights had been breached.
Civil partnership is not in any way a form of ’marriage-lite’. While civil partnerships do not
come with the same traditional and religious connotations, the rights and obligations are
almost identical to those of marriage. This extends not only to the available financial
provision upon separation but also in respect of the rules of inheritance and available tax
entitlements18

CONCLUSION

“It is a finished confusion that couples who live respectively for a lengthy period gain lawful
privileges that set them in a place similar to a separating from couple. Couples who live
respectively yet have not hitched or shaped a common association have no unique privileges.
There is no option to share resources or to demand progressing monetary help via support for
themselves, regardless of whether one party has surrendered work to take care of youngsters.
The main cases that can be made are represented by exceptionally recorded laws of property.
Given the alternatives that are presently accessible, individuals have more decision than any
other time in recent memory about if and how they formalize their connections, so get how
every choice affects you and your family”. “The landmark publication of the highly
persuasive Wolfenden Report19 of 1957 was mainly intended to research the position of
prostitution and homosexual men, although there was little reference made to lesbians in the

17
https://www.bdbpitmans.com/insights/the-difference-between-civil-partnerships-and-marriage/
18
https://www.bdbpitmans.com/insights/the-difference-between-civil-partnerships-and-marriage/
19
Stephen Cretney, Same Sex Relationships: From ‘Odious Crime’ to ‘Gay Marriage’ (OUP 2006).

PRIVATE INTERNATIONAL LAW 14


report, continuing to leave them absent ‘because physical relationships between women were
not widely understood at the time”.20

20
Nicola Barker, Not the Marrying Kind: A Feminist Critique of Same-Sex Marriage (Palgrave Macmillan 2013)
25.

PRIVATE INTERNATIONAL LAW 15

You might also like