Mixed-sex civil partnerships and relationality: a perspective from law

Abstract

This year saw significant changes to the structure and regulation of adult formalised relationships in England and Wales. On New Year’s Eve 2019 mixed-sex couples became eligible to register civil partnerships and join same-sex couples who had been able to enter such status since the scheme’s introduction in December 2005. Operating in parallel with the long-established status of marriage, mixed-sex civil partnerships were the product of concerted activism, the introduction of multiple private member’s bills into parliament, and a Supreme Court decision in Steinfeld and Keidan v Secretary of State for International Development [2018] UKSC 32. That landmark case involved a challenge by a mixed-sex couple who were ideologically opposed to marriage and believed registering a mixed-sex civil partnership would give effect to a more egalitarian expression of their relationship. They were, however, refused that ability on the basis that in accordance with the statutory framework they were not ‘of the same sex’. After a lengthy process of litigation, a unanimous Supreme Court declared the provisions in the Civil Partnership Act 2004 prohibiting mixed-sex civil partnerships discriminatory and incompatible with human rights law (see Hayward, 2019). This ruling prompted action by parliament in the form of the Civil Partnerships, Marriages and Deaths (Registration etc.) Act 2019. Now that access to this regime is available for all couples, and thus in effect this jurisdiction operates a system of so-called ‘equal’ civil partnerships, questions now arise as to the future directions of this new status and its transformative potential for English family law. This article seeks to discover the lived experiences of those mixed-sex couples considering, registering, and enjoying civil partnerships. From the perspective of a legal academic specialising in domestic and comparative family law, this article will explore how mixed-sex civil partnerships are constituted by law and reflect on how that might influence couples’ experiences. Relationality, the core theme of this special edition, will also be considered, particularly when it is remembered that the very essence of a civil partnership is relational and, as with virtually all other civil union regimes operating elsewhere, dyadic. This focus will offer an opportunity to reflect on a key dispute in this area; namely, whether a system of mixed-sex civil partnerships can Families, Relationships and Societies