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Civil Partnerships and Same-Sex Marriages in England and Wales: a Social and Demographic Perspective

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Civil Partnerships and Same-Sex Marriages in England and Wales: a Social and Demographic Perspective DEPARTMENT OF SOCIAL POLICY AND INTERVENTION Civil partnerships and same-sex marriages in England and Wales: a social and demographic perspective John Haskey Department of Social Policy and Intervention University of Oxford March 2016 Civil partnerships and March 9, 2016 same-sex marriages Page 2 Introduction of same-sex marriage in various European countries The Netherlands 2001 Denmark 2013 Belgium 2003 France 2013 Spain 2005 England and Wales 2014 Norway 2009 Scotland 2014 Sweden 2009 Luxembourg 2015 Portugal 2010 Ireland 2015 Iceland 2010 Finland 2017 Civil partnerships and November 3, 2016 same-sex marriages Page 3 The Civil Partnership Act 2004 – came into force in the United Kingdom in December 2005 21 December 2005 - first date couples could form a civil partnership in England and Wales Marriage (Same Sex Couples) Act 2013 – For England and Wales only – legislated on 17 July 2013 29 March 2014 – first date same-sex couples could marry 10 December 2014 – first date couples in civil partnerships could convert their partnership into a same-sex marriage Civil partnerships and November 3, 2016 same-sex marriages Page 4 Civil partnerships and November 3, 2016 same-sex marriages Page 5 Civil partnerships and November 3, 2016 same-sex marriages Page 6 Civil partnerships and November 3, 2016 same-sex marriages Page 7 Civil partnerships and November 3, 2016 same-sex marriages Page 8 Why was there a backlog of civil partnerships for same sex couples, but no similar phenomenon for same-sex marriages? • could it be simply be that civil partnerships came first? • was it because the attitude to marriage for same-sex couples changed considerably between 2005 and 2014 (and was generally regarded as a battle already won)? The annual number of same sex marriages mid-2014 to mid-2015 at about 5,600 was only about 2% of the corresponding annual number of marriages of opposite sex couples. Were these two pieces of legislation worthwhile? • a perceived injustice, for which numbers are irrelevant? • first piece of legislation gave rise to demands for another? Civil partnerships and November 3, 2016 same-sex marriages Page 9 Why was there a large pent-up demand for same-sex marriage amongst those in a civil partnership when there was a complete absence of a surge for same- sex marriage amongst those not in a civil partnership? couples who were keenest on forming a legal relationship had availed themselves both of civil partnerships and same-sex marriage as soon as each became available? Conversely, same-sex couples who had not undertaken a civil partnership when it became available were unlikely to rush into same-sex marriage? two main groups: those for whom same-sex marriage is of greatest importance; and those for whom the legal recognition of civil partnership was sufficient? Civil partnerships and November 3, 2016 same-sex marriages Page 10 Possible transitions between different relationships for same sex couples same sex (unregistered) LAT same sex cohabitation relationship separation (same sex) civil partnership dissolution same sex marriage divorce Civil partnerships and November 3, 2016 same-sex marriages Page 11 Possible transitions between different types of relationship for same sex and opposite sex couples *see text; dotted lines indicate possible introduction of an opposite sex civil partnership, or a repealing of the existing same sex one. LAT is Living Apart Together. same sex (unregistered) LAT same sex LAT opposite sex opposite sex (unregistered) cohabitation relationship relationship cohabitation separation separation (same sex) civil ? future (opposite sex) partnership civil partnership dissolution same sex marriage opposite sex marriage divorce Civil partnerships and November 3, 2016 same-sex marriages Page 12 The Marriages (Same Sex Couples) Act 2013 obliges the Secretary of State to review the operation and future of the Civil Partnership Act 2004 in England and Wales – and to consider: (a) abolishing civil partnerships and converting existing ones to marriage; (b) abolishing civil partnerships, but not converting existing ones; (c ) extending civil partnerships to opposite sex couples. Because of strongly divided opinions, the Government has stated that no legislative change will be considered until same-sex marriage has become properly established. Civil partnerships and November 3, 2016 same-sex marriages Page 13 Civil partnerships and same-sex marriages Similarities irretrievable breakdown of civil partnership/same-sex marriage → dissolution/divorce; “facts” are cited to establish irretrievable breakdown; no “fact” of adultery; no annulment on non-consummation; prohibited degrees of relationship. Differences same-sex marriage – solemnised with a ceremony; civil partnership – a procedure formalised by signing the register; same-sex marriage – must have prescribed form of words (vows); civil partnership - no words needed (but can be added). Civil partnerships and November 3, 2016 same-sex marriages Page 14 Civil partnerships and November 3, 2016 same-sex marriages Page 15 Civil partnerships and November 3, 2016 same-sex marriages Page 16 Civil partnerships and November 3, 2016 same-sex marriages Page 17 Civil partnerships and November 3, 2016 same-sex marriages Page 18 Civil partnerships and November 3, 2016 same-sex marriages Page 19 Civil partnerships and November 3, 2016 same-sex marriages Page 20 Conclusions There has been a sea-change in overall attitudes towards homosexuality and same-sex marriage over the past four decades; Nevertheless, there are large differentials in opinions which persist, especially by age (and religious affiliation); The course of legislation has been unexpected; even with the advent of same-sex marriage, further legislation, in the future, seems likely; On some issues, the law has led public opinion, in others, it has followed. Civil partnerships and November 3, 2016 same-sex marriages Page 21 Further reading Same sex relationships: from „odious crime‟ to „gay marriage‟, Stephen Cretney, Oxford University Press, 2006 The road to same-sex marriage in England and Wales, John Eekelaar, International Journal of Law, Policy and Family, 28, 1, 2014 Civil partnerships five years on, Ross, Kask, and Berrington, Population Trends, 145, 2011 Civil partnerships and same-sex marriages in England and Wales: a social and demographic perspective, John Haskey, Family Law, January 2016 Civil partnerships and November 3, 2016 same-sex marriages Page 22 Presentation title, edit in November 3, 2016 header and footer Page 23 (view menu) .
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