header-logo header-logo

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

Rules of engagement

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

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

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Some employment law controversies never disappear—they merely lie dormant
back-to-top-scroll