Responses to Civil Partnership:A framework for the legal recognition ...

Why exclude opposite-sex couples?3.5 Some respondents felt that civil partnership registration should be open toopposite-sex couples.“My only regret is that (the proposals) don’t include provision to includeheterosexual couples within the partnership framework, and that theproposals don’t propose a marriage option for those same-sex coupleswho might wish that option.”3.6 Others said that opposite-sex couples already had the opportunity of gaininglegal recognition for their relationships.“Same-sex couples currently face a unique discrimination. Opposite-sexcouples have the choice to enter marriage (religious or civil) to secure legalrecognition for their relationships. Same-sex couples currently have no meansof securing legal recognition and therefore cannot enjoy any legal rights, ortake on any responsibilities, for their relationship. We welcome the creationof a civil partnership registration scheme to address this injustice.”Opposite-sex couples can already attain legal (and socially recognised)status for their relationships through marriage, whether by a religious orcivil ceremony. We recognise that not all opposite-sex couples may wishto marry, but that decision is theirs to make, and they have the option todo so if they wish.We also recognise that some unmarried opposite-sex couples are underthe mistaken impression that they already have a legally recognisedstatus as “common-law” husband and wife. This misconception can leadto difficulties – for example, one partner might be left financiallyvulnerable after the breakdown of their relationship because thepartners had not made any clear arrangements or agreements aboutownership of their shared property or property bought with joint funds.15