header-logo header-logo

Rules of engagement

18 January 2013 / Janette Porteous
Issue: 7544 / Categories: Features , Family , Constitutional law
printer mail-detail

Janette Porteous considers whether same-sex marriage will cause a split between the Church & state

Under current legislation a marriage can only be between couples of the opposite sex. Indeed s 11(c) of the Matrimonial Causes Act 1973 provides that a marriage is void if the parties are not respectively male and female. The definition of marriage is grounded in the beliefs of the Church of England as expressed in the Book of Common Prayer of 1662 as follows: “The only kind of marriage which English law recognises is one which is essentially the voluntary union for life of one man and with one woman, to the exclusion of all others.”

This definition of marriage was affirmed by Lord Penzance in Hyde v Hyde and Woodhouse (1866) LR 1 P&D 130 and in subsequent cases.

While same-sex couples can enter into civil partnerships by virtue of the Civil Partnership Act 2004 (which allows same sex couples to register their relationship and thereby, upon registration, acquire similar rights to married persons, especially on relationship breakdown), they cannot legally marry. The government, at the time

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll