A plain language summary of the issues contained within the Government’s white paper on civil partnerships for same-sex partners. The consultation paper went on to form the basis of the Civil Partnerships Act, which came into law in 2005. Written for Gay.com UK.
It’s been a long time coming, but it looks like we’re finally on the road to having legally recognised relationships between gay or lesbian couples.
The Government’s Women and Equality Unit, part of the Department of Trade and Industry, today unveiled its white paper, **Civil Partnership: A framework for the legal recognition of same-sex couples**. The consultation document outlines how the Government sees gay and lesbian couples’ rights being safeguarded and extended until they match those of married straight couples.
Under the proposals, which will affect England and Wales (with some knock-on effects in Scotland and Northern Ireland), couples would have to sign a civil partnership register, to be kept and maintained by the same council register offices that currently handle marriages. The bad news for anybody who’s signed one of the non-legally binding registers local councils have instigated around the country is that you’ll have to go through it all again: none of these registers will automatically get promoted to legal status. Which is a good thing, as there are so many rights and responsibilities attached to partnerships that we shouldn’t assume everybody who wanted to sign a decorative piece of paper would be happy signing one with strings attached. For those that do, however, there’ll be another license fee to pay.
The full document stretches to nearly 90 pages, and covers most of the common areas that we think of when discussing the disparities between married, straight couples and gay couples. But it also dispels some of the myths. For all the talk about ‘next-of-kin’ rights, particularly when one partner is taken ill, there is no such thing as the ‘next of kin’ in law. The paper notes that this causes much confusion, both for patients, their relatives and hospital staff. The Government are going to ensure guidance notes to NHS staff take account of same-sex relationships, but that’s not something that has to wait for a change in the law to take place.
Another issue the paper tackles head-on are people’s concerns that unmarried opposite-sex couples also have concerns over their own rights (the common perception of “common law”, like that of next of kin, being false). Quite correctly, in my view, it believes that the needs of unmarried couples, regardless of gender, are an entirely separate legal issue.
Whether it’s prison visiting rights, parental responsibility, or your rights should your partner die, basically if it’s available automatically to married couples, it will also be available to registered couples. The similarities extend to break-ups — dissolution of a civil partnership could end up as costly, both financially and emotionally, as divorce, and in exactly the same ways.
Indeed, most of the ramifications of a civil partnership scheme boil down to the same thing: money. If you and partner register your relationship, the state will assume that you pool your incomes and calculate benefit entitlements accordingly – just as they do for straight couples who marry.
One major difference will be in state pensions. Everything about this area of the law moves incredibly slowly. At the moment, current pension law is some of the most sexist legislation we have, dating back to the times when the husband went out and earned the pennies, while the wife stayed at home sprouting kids and cooking everybody’s dinner. Thankfully, that’s changing, but it means that gay and lesbian registered couples will only start achieving parity with married partners in 2010, with full equality across the board only achieved once state retirement ages equalise between men and women in 2020.
To all intents and purposes, the state will recognise you for what you probably already regard yourself – a family. Indeed, it’s incredibly gratifying to read the statement: **”The Government proposes that registered partners should be treated as a single family unit.”** None of this “pretended family relationship” nonsense that Section 28 tried to saddle us with: we’re real, we’re families. And about time, too.
* Originally published on [Gay.com UK](http://uk.gay.com/)