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ARTICLE · 12 FEBRUARY 2013

Homosexual Marriage Article

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

Charles Russell Speechlys LLP

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Recent newspaper headlines have suggested that the Government’s proposed legislation to allow homosexual marriages will force religious groups to marry homosexual couples on religious premises.

United KingdomStrategy

Recent newspaper headlines have suggested that the Government's proposed legislation to allow homosexual marriages will force religious groups, against their beliefs, to marry homosexual couples on religious premises on the grounds that not doing so would constitute discrimination under the Equality Act 2010. Here we take a look behind the headlines and examine the Government's proposals.

Current Position

The current position is that civil partnership and marriage are two entirely separate legal regimes based on different pieces of legislation, although parties to each type of arrangement enjoy equivalent legal rights. Civil partners cannot call themselves married for legal purposes and married couples cannot call themselves civil partners for legal purposes. This means that when making a declaration of marital status to an employer or other organisation, the individual will be effectively declaring his/her sexual orientation at the same time. Marriages for

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