same Sex Marriage in UK Law

Leading Cases
  • Rebecca Hannah Steinfeld and Another v The Secretary of State for Education
    • Queen's Bench Division (Administrative Court)
    • 29 Ene 2016

    There is no lack of respect afforded to any specific aspect of the Claimants' private or family life on account of their orientation as a heterosexual couple. Thus the statutory restrictions complained of do not impinge upon the core values under either limb of Art 8 to the degree necessary to entitle the Claimants to rely upon Art 14. The link between the measures complained of, and their right to enjoy their family and private life, is a tenuous one.

  • Rebecca Hannah Steinfeld & Charles Robin Keidan v Secretary of State for Education
    • Court of Appeal (Civil Division)
    • 21 Feb 2017

    In my view, at present, the Secretary of State's position is objectively justified. The future of the legal status of civil partnerships is an important matter of social policy that government is entitled to consider carefully. At the hearing the Secretary of State's approach was described as a "wait and see" approach, although it would be more accurate to describe it as a "wait and evaluate" approach.

    Some couples in their position may suffer serious fiscal disadvantage if, for example, one of them dies before they can form a civil partnership. This is a factor in the proportionality balance, and because this is a case of differential treatment on the basis of sexual orientation, that balance must command anxious scrutiny.

  • R (on the application of Steinfeld and Keiden) v Secretary of State for the International Development (in substitution for the Home Secretary and the Education Secretary)
    • Supreme Court
    • 27 Jun 2018

    Before Andrews J and the Court of Appeal it had been submitted that an adverse effect in relation to article 8 had to be demonstrated in order for an avowed infringement to come within its scope or ambit. Counsel for the respondent did not seek so to argue before this court.

  • M v Secretary of State for Work and Pensions
    • House of Lords
    • 08 Mar 2006

    It is not difficult, when considering any provision of the Convention, including article 8 and article 1 of the First Protocol ("IFP"), to identify the core values which the provision is intended to protect. But the further a situation is removed from one infringing those core values, the weaker the connection becomes, until a point is reached when there is no meaningful connection at all.

    So it may be that the United Kingdom legislation is more advanced than that of some of such other countries. But, on the face of it, a great change has taken place across Europe during the last five or so years, of which any Court considering the current scope of article 8(1) would take most careful account.

  • J v S-T (Formerly J) (Transsexual: Ancillary Relief)
    • Court of Appeal (Civil Division)
    • 21 Nov 1996

    It is suggested that the Act has made a subtle but perhaps important change to the terminology. What governed Ormrod J's decision in Corbett, based as it was on ecclesiastical principles, was whether the parties were 'a man and a woman.'

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Books & Journal Articles
  • Sacred Spaces, Sacred Words: Religion and Same‐sex Marriage in England and Wales
    • Núm. 44-2, Junio 2017
    • Journal of Law and Society
    This article provides an analysis of the ways in which the spatial and illocutionary requirements of English marriage law – which regulate the spaces in which marriages may be solemnized and the wo...
  • Marriage and the Moral Bases of Personal Relationships
    • Núm. 31-4, Diciembre 2004
    • Journal of Law and Society
    Marriage is a legal institution. Current debates about whether it should be extended beyond its traditional heterosexual constitution, and whether many of its legal incidents should apply to couple...
    ...... should apply to couples who live together without marrying, and about the introduction of civil partnership (modelled closely on marriage) for same-sex couples, make an examination of its contemporary role particularly timely. This article is about the interplay between the institution of ......
  • Table of Contents
    • Núm. 44-2, Junio 2017
    • Journal of Law and Society
    ......, and Allison OÈstlund 200Sacred Spaces, Sacred Words: Religion and Same-sex Marriagein England and Wales . Paul Johnson and Robert M. Vanderbeck ......
  • Index
    • Núm. 44-4, Diciembre 2017
    • Journal of Law and Society
    ......VANDERBECK: Sacred Spaces, Sacred Words: Religion and Same-sex Marriage in England and Wales . . . . . . . . 228 Markos KARAVIAS ......
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Law Firm Commentaries
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