CIVIL PARTNERSHIP Gresham V Ruth Deech. Homosexuality and the law From Buggery Act 1533 to Offences against the Person Act 1861 Oscar Wilde’s conviction.

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Presentation transcript:

CIVIL PARTNERSHIP Gresham V Ruth Deech

Homosexuality and the law From Buggery Act 1533 to Offences against the Person Act 1861 Oscar Wilde’s conviction to The Wolfenden Report to Sexual Offences Act 1967

Changes in the Law Human Rights Act 1998 Arts. 8, 12, 14 Right to a private and family life, to marry, no discrimination Adoption and Children Act 2002 Civil Partnership Act 2004 Human Fertilisation & Embryology Act 2008

Case law Hyde v Hyde (1866): the voluntary union for life of one man and one woman to the exclusion of all others Fitzpatrick v Sterling Housing Assoc (1998): same sex couple = family Ghaidan v. Godin-Mendoza (2004): no discrimination in succession to tenancy

Civil Partnership Act 2004 Registration of union of two people of the same sex Not under 16, within the prohibited degrees, or married Rights and responsibilities over children Financial provision and property on dissolution 2006 – 18059;

Wilkinson and Kitzinger Married in Vancouver Were refused declaration that it should be recognised in UK S.4 Human Rights Act S.11(c) Matrimonial Causes Act S. 215 Civil Partnerships Act

Transsexuals Arthur Corbett and April Ashley – no change allowed Bellinger – transsexuals should be allowed to marry Gender Recognition Act 2004

Other countries Same sex marriage in S. Africa, Holland, Ontario, Quebec, Spain, Massachusetts, Iowa, Connecticut Goodridge v. Dept of Public Health

Home Affairs v. Fourie

Human Fertilisation and Embryology Act 2008 Ss. 42, 43 46, and Sched 6 – two women may be named on birth certificate, even if one died before birth of baby S.14 For a father substitute “supportive parenting”