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elsewhere suggests that this the work of acknowledging same-sex couples in public
policy is unfinished business (Johnson, 2010).
The “almost quixotic” nature of the international spread of legal recognition (Weeks,
2008, p. 787) is reflected in the variety of forms of recognition adopted by individual
governments. Merin (2002) sets out a typology of models for legal recognition. In
descending order of scope, these are marriage, registered partnership, domestic
partnership and cohabitation rights. Marriage offers the most extensive package of
rights and, arguably, the most intelligible and meaningful form of social recognition.
Registered partnership schemes draw heavily on the rights and responsibilities
attached to marriage and come close to providing legal parity, although parental and
immigration rights may be excluded. Domestic partnership offers more limited
rights and is often provided by sub-national governments, whereas cohabitation
rights may provide minimal entitlements with regard to property. There are also
variations within and beyond these models; registered partnership programmes
often take other names such as civil union or civil partnership and particular forms of
recognition, such as the Pacte Civil de Solidarité in France, fall between registered
partnership and domestic partnership in terms of their coverage (Johnston, 2008).
Canada, the UK and California reflect the different types of recognition available: the
UK has legislated for civil partnerships, though same-sex marriage is now on the
political agenda; Canada has legislated for marriage at the national level but provides
extensive cohabitation rights; whereas California, having repealed same-sex
marriage, continues to offer domestic partnerships to lesbian and gay couples. This
chapter continues with an overview of the policy background to legal recognition in
these jurisdictions.
Liberalisation by Stealth: Civil Partnerships in the UK
Waaldijk’s model of standard sequences (2001) would appear to hold true for the
UK, with decriminalisation in England and Wales in 1967, Scotland in 1980 and
Northern Ireland in 1982, paving the way for anti-discrimination protection,
acknowledgement of parenting rights and, latterly, civil partnerships. However, this
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