Explain same sex marriage

In , Parliament passed the Civil Partnership Act which allowed couples of the same sex to penetrate into civil partnerships. And in , Parliament introduced the Marriage (Same Sex Couples) Act which legally allowed same-sex couples to marry. But what’s the difference?

Tom Powles, who is a Partner in our family law team, explains.

How does same-sex marriage differ from a civil partnership?

Same-sex couples in the UK can currently choose between a civil partnership and marriage, a choice that was also made ready to heterosexual couples in

Surprisingly though, the differences between marriage and a civil partnership are not significant and include the following:

  1. For legal purposes, civil partners cannot call themselves ‘married’, and married couples cannot refer to themselves as being ‘civil partners’.
  2. When it comes to getting a divorce or dissolution, adultery cannot be stated as grounds for dissolving a civil partnership but can be for marriage.
  3. Civil partnership certificates include the names of both parents, whereas marriage certificates only contain the father’s name.


    4. Marriage equality

    Decriminalisation of homosexuality

    From the s the socially progressive South Australian Labor government wanted to repeal laws criminalising homosexuality.

    However, it was not until the May murder in Adelaide of Dr George Duncan, a law lecturer and gay man, that premier, Don Dunstan, assessed that the community mood was receptive to reform.

    Dr Duncan’s murder led to revelations of how commonplace violence and harassment against homosexual people was.

    South Australia’s Criminal Law (Sexual Offences) Act, was enacted on 2 October It was a landmark in LGBTQIA+ rights in Australia because it fully decriminalised homosexual acts.

    Equivalent law reform was passed by the Australian Capital Territory in , Victoria in , the Northern Territory in , New South Wales in , Western Australia in , Queensland in and Tasmania in

    The Journey to Marriage Equality in the United States

    The road to nationwide marriage equality was a long one, spanning decades of United States history and culminating in victory in June Throughout the long fight for marriage equality, HRC was at the forefront.

    Volunteer with HRC

    From gathering supporters in small towns across the country to rallying in front of the Supreme Court of the United States, we gave our all to ensure every person, regardless of whom they love, is recognized equally under the law.

    A Growing Call for Equality

    Efforts to legalize same-sex marriage began to pop up across the country in the s, and with it challenges on the state and national levels. Civil unions for same-sex couples existed in many states but created a separate but equal standard. At the federal level, couples were denied access to more than 1, federal rights and responsibilities associated with the institution, as well as those denied by their given state. The Defense of Marriage Act was signed into law in and defined marriage by the federal government as between a man and

    same-sex marriage

    Same-sex marriage is marriage between partners of the same sex and/or gender identity. For example, a marriage between two men or two women. 

    In , Massachusetts became the first state in the U.S. to legalize same-sex marriages with Goodridge v. Department of Public Health, Mass. - Mass: Supreme Judicial Court (), paving the way for many other states to consider legalizing same-sex marriage. Over the course of the next decade, several other states legalized same-sex marriage; and in , the U.S. Supreme Court decision in Obergefell v. Hodges, U.S. (), legalized same-sex marriage nationwide, including in the remaining 14 states that had not previously allowed same-sex couples to marry. The decision in this case was based on the court’s interpretation of the Due Process and Equal Protection clauses of the Fourteenth Amendment of the U.S. Constitution. 

    See also:Equal Protection and Marriage Equality

    [Last reviewed in July of by the Wex Definitions Team]

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