Uncredited photo
In 1970, Jack Baker and James Michael McConnell (not pictured) of the USA made history when they became the first gay couple to seek a marriage licence. They were refused, and sued, and lost, but it started the long battle to achieve equality for our relationships.
The Civil Partnership Bill was passed by the House of Lords on 17 November 2004. It enabled single sex couples to officially register their partnerships and themselves as civil partners, bringing them certain legal rights and responsibilities on a par with married couples. Civil Partnership registration services became available throughout the UK (except the Isle of Man) on 21 December 2005. The Isle of Man civil partnership act came into effect on 6 April 2011.
Directgov – Getting married or forming a civil partnership
Many UK couples have been able to take advantage of improved legal rights which protect their relationship and themselves, but a few registrars have refused to conduct the ceremonies on religious grounds.
Registrars are also refusing to perform the ceremonies in other European countries. In some countries they face dismissal, while in other countries, alternative registrars are found to perform the ceremonies.
The UK is currently running a Parliamentary consultation on marriage equality for gays and lesbians.
In Ireland civil partnerships were introduced in 2011. Ireland already recognised civil partnerships performed elsewhere in Europe including the UK.
Many gay couples registering their partnerships are choosing either to adopt one surname or to hyphenate both surnames. The Deed Poll Service has guidance on how to change your names.
Allocating assets on dissolution
The Law Commission is currently reviewing legislation on how married couples and civil partners can claim financial support from one another after a divorce or dissolution, which includes looking at ‘non-matrimonial’ property which has been acquired before a relationship begins or has been received as a gift or through inheritance. The commission is expected to report back in 2013.
Residency and citizenship issues
A number of gay couples where each partner has a different nationality have found problems when they have chosen where they want to live as a couple. There are a number of cases where one partner is denied residency or citizenship. There are also cases where a mixed nationality couple get married in one country then travel to another country to live or work and find that their marriage or partnership is not recognised by their new country. These issues are still largely unresolved.
Legal arrangements and agreements
Many gay couples negotiate various agreements between them on their wills, their advance directives (living wills), how they will divide up property, expenses or jobs around the home, and so on. Negotiating a sexual agreement is a further task which can help found a successful and long, happy partnership.
Gay couples may enter into sexual agreements when they formalise a partnership or relationship. Sexual agreements set the boundaries for their sex lives, basically deciding whether their relationship will be monogamous or involve others, and take into account their needs and the desire to avoid contracting HIV or passing it on to another person. The agreements build trust in the relationship, promote honesty between the partners and protect their relationship, and can include conditions limiting when, where, how often and with whom outside sex is permitted and whether safe sex is practiced.
In 2010, San Francisco University surveyed 566 gay male couples. 99 per cent of them had such agreements in place. The study found no significant difference in relationship satisfaction between men in open or discrepant relationships and those in monogamous relationships.
Other Resources
Home Office Consultation on equality in civil marriage
Updated and links checked 19 May 2012
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