The cohabitation debate continues, although this time under a different guise. Somewhat ironically, whilst advocates of rights for cohabiting couples argued two weeks ago that they were being penalised by not being entitled to the rights of same-sex couples in civil partnerships, Sue Wilkinson and Celia Kitzinger, a lesbian couple married under Canadian law, have described civil partnership as ‘discriminatory’.
Wilkinson and Kitzinger who were married in British Columbia, have taken legal action to get their marriage legally recognised in this country. The couple are unhappy that British law fails to recognise their marriage as marriage, but as a civil partnership instead.
Wilkinson and Kitzinger’s case has been wrongly presented as one of homophobia, and thereby appropriated by gay activists. The couple’s legal bills are being partially subsidised by the gay rights campaign, OutRage. Why this is wrong, is because it is turning an issue which is about the sovereignty of law into one of discrimination. “But for the fact that the marriage was between partners of the same sex,” argued the couple’s lawyer, “it [Wilkinson and Kitzinger’s marriage] would be recognised as valid in England and Wales.” However a more accurate description would be: ‘but for the fact that the law currently differs between Canada and Britain would the couple’s marriage be recognised in England and Wales’.
Attributing the fact that law is not simply transferable from one country to the other to homophobia is unfair and manipulative. Whilst Wilkinson and Kitzinger have said that they were ‘insulted’ by the offer of civil partnership status, the introduction of civil partnerships last year is a progressive move which many democratic countries have yet to, and may never, make. Whether marriage will be extended to same-sex couples in this country, indeed whether there is a ‘demand’ from the gay community for this to happen, remains to be seen – but for the purposes of this case, this is an irrelevance. In the meantime, let’s hope that couples enjoying civil partnerships are not insulted by Wilkinson and Kitzinger’s denigration of their status.