All or nothing for civil partnerships: ministers' options for equal rights

28th September 2018 | family-child law , human rights

Should civil partnerships be made available to opposite sex couples, or ended as an option for those seeking to formalise their relationship? Those are the options put forward by the Scottish Government in a consultation opened today.

The move follows the recent decision by the UK Supreme Court in the action brought by Rebecca Steinfeld and Charles Keidan, who wanted to be able to enter a civil partnership rather than marry, that the Civil Partnership Act 2004 is incompatible with the European Convention on Human Rights (ECHR), as it does not allow opposite sex couples to opt for the status.

Two options are presented in the consultation:

  • No new civil partnerships could be entered into in Scotland. Existing civil partners could remain in their civil partnership and their rights would remain unchanged.
  • Civil partnership would be opened to opposite sex couples, on the same footing as for same sex civil partnership.

Since same sex marriage was introduced, the number of new civil partnerships each year has fallen from around 500 to 70 in each of 2016 and 2017. The paper notes that more men than women register civil partnerships, whereas more women than men enter into same sex marriage. 

At present there is little hard evidence on the demand for opposite sex civil partnerships in Scotland, though some respondents to a previous consultation indicated a wish to enter one. The Scottish Government’s view is that demand for opposite sex civil partnership in Scotland is likely to be low.

Cabinet Secretary for Social Security and Older People, Shirley-Anne Somerville commented: "This is very simply about ensuring equality. The Supreme Court made it clear that the Civil Partnership Act 2004 is not compatible with the European Convention on Human Rights, because civil partnership is open to same sex couples only whereas marriage is open to everyone.

"That judgment related to England & Wales, but the facts and circumstances in Scotland are very similar. Therefore we must now consult on the future of civil partnership in Scotland and I would urge anyone with an interest in this area to take part."

Click here to access the consultation. Responses are due by 21 December 2018.

The Scottish Government said it "will then take a swift decision to ensure future compatibility with the ECHR".