Same-sex marriage

Wilkinson v Kitzinger and another (same-sex marriage) FD LSG 17 May; TLR 21 August

Where parties of the same sex enter into a lawful and valid marriage in a foreign jurisdiction, the relationship is regarded in English law as a civil partnership and not a marriage. The withholding from same-sex partners of the actual title and status of marriage does not constitute a breach of their rights under the European Convention on Human Rights. Parliament has not called partnerships between persons of the same-sex ‘marriage’, not because they are considered inferior to the institution of marriage, but because as a matter of objective fact and common understanding, as well as under the present definition of marriage in English law, they are indeed different. Accordingly, the court dismissed the petition for a declaration that the marriage of two English women in Canada was valid.