Equal Civil Partnerships, Discrimination and the Indulgence of Time: R (on the application of Steinfeld and Keidan) v Secretary of State for International Development
| Published date | 01 September 2019 |
| Date | 01 September 2019 |
| DOI | http://doi.org/10.1111/1468-2230.12437 |
| Author | Andy Hayward |
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Modern Law Review
DOI: 10.1111/1468-2230.12437
CASES
Equal Civil Partnerships, Discrimination and the
Indulgence of Time: R (on the application of Steinfeld and
Keidan) vSecretary of State for International Development
Andy Hayward∗
In R (on the application of Steinfeld and Keidan) vSecretary of State for International Development
the Supreme Court unanimously declared that the ban on different-sex civil partnerships was
incompatible with Articles 8 and 14 of the European Convention on Human Rights. In a
strikingly robust and, at times, acerbic manner, the Court systematically dismantled the Secretary
of State’srequest for tolerance of a discr iminatory and unsustainable legal position. The decision
represents a clear victory for those campaigning for reform and the issuing of a declaration of
incompatibility by the Court is likely to have influenced the later announcement by Prime
Minister Theresa May in October 2018 that different-sex civil partnerships will ultimately be
introduced in England and Wales.
INTRODUCTION
Civil partnerships, introduced in December 2005, were conceptualised as an
‘important equality measure’ offering largely comparable legal protections to
same-sex couples at a time when granting access to marr iage was not politically
viable.1With societal attitudes changing, and again premised on the promotion
of equality, the Marriage (Same Sex Couples) Act 2013 subsequently g ranted
same-sex couples the ability to enter civil, and in some circumstances, reli-
gious marr iages.2However, following the introduction of same-sex marriage
in March 2014, parliament had created a glaring inequality through its failure
to simultaneously phase out or, alternatively, extend the coverage of the civil
partnership regime to different-sex couples. Whilst labels and legal distinctions
between the two institutions can be debated, it is indisputable that from that
point in time onwards same-sex couples had access to two formal relationship
statuses, whereas different-sex couples were limited to one.
∗Durham Law School, Durham University. The author wouldlike to thank Helen Fenwick, Benedict
Douglas and the anonymous reviewer for their helpful comments on an earlier draft. All errors and
opinions remain their own.
1 Department of Trade and Industry, Civil Partnership: A Framework for the Legal Recognition of
Same-Sex Couples (London: 2003) 13.
2 See H. Fenwick and A. Hayward, ‘From Same-Sex Marriage to Equal Civil Partnerships: On a
Path towards “Perfecting” Equality?’ (2018) 30 CFLQ 97, 104-105.
C2019 The Author.The Moder n Law Review C2019 The Modern Law Review Limited. (2019) 82(5) MLR 922–935
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