header-logo header-logo

24 July 2013 / Janet Barlow , Rebecca Mason
Issue: 7570 / Categories: Features , Public , Human rights
printer mail-detail

All marriages are equal...

169856308_0

...but some are more equal than others, say Janet Barlow & Rebecca Mason

The controversial Marriage (Same Sex Couples) Act received royal assent last week. This Act is a ground-breaking piece of legislation which aims to put same sex couples on a level footing with that of heterosexual couples in relation to the institution of “marriage”. The Act will enable same sex couples to marry either in a civil ceremony or, if in agreement with the religious organisation, in a religious ceremony. The Civil Partnership Act 2004 (CPA 2004) had already given same sex couples the ability to make a legally recognised commitment to one another. However, this has never been regarded as a marriage due to Canon law. The Submission of the Clergy Act 1533, Canon B30, states that “the Church of England affirms, according to our Lord’s teaching that marriage is in its nature a union permanent and lifelong, for better for worse, till death them do part, of one man with one woman...” This was reaffirmed by Lord Penzance in Hyde v Hyde and Woodhouse (1866) LR

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll