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Government consultation on civil partnership - a framework for the legal recognition of same sex couples

(13/10/03) The government produced a consultation on civil partnerships - a framework for the legal recognition of same sex couples.

The introduction to UNISON's response is below; a full copy is available from out@unison.co.uk.

UNISON response
UNISON welcomes the government’s proposals to provide legal recognition for same sex relationships. We have long been calling for an end to the injustice and social and financial hardship experienced by same sex couples. Many people’s working lives, and indeed their retirement, are damaged both directly and indirectly by the non-recognition of their chosen family.

The sooner these proposals can be implemented, the sooner this damage can end.

The proposals for a new legal status of civil registered partner for same sex partners are not without controversy.

Many of our members would have preferred a scheme open to all – same sex and different sex couples.

There are different views on the extent to which rights, privileges and responsibilities should be dependent on marriage/registration.

There are real concerns that same sex couples who do not register should not find themselves in a worse situation than they are now.

But UNISON accepts that the proposals set out in the consultation paper broadly represent a pragmatic way to move forward.

UNISON agrees with the government’s proposals that:

• Establishing legal status for same sex couples will help to combat discrimination against lesbians and gay men;



• That a civil partnership registration scheme must be an opt-in scheme, allowing individual choice, and not imposing obligations on those who do not want them;



• The rights and responsibilities flowing from civil partnership registration should be equal to the rights and responsibilities flowing from marriage;



• There are a number of circumstances where the legal certainty of a couple’s wishes and intentions provided by a registration scheme will be beneficial, for example over property division on the dissolution of a civil partnership.

UNISON also believes that:

• There will be significant numbers of lesbians and gay men in long-term, interdependent, stable relationships who will not wish to take up the option of registering their partnership and signing up for the package of rights and responsibilities that this represents;



• Many people who are financially interdependent with their partner may nevertheless live alone or with another person; and may co-parent with a different person again. Rights and responsibilities should be framed to serve the particular need (for example co-habitation or co-parenting) rather than based on a false assumption that one size fits all;



• The rights and responsibilities of same sex couples who do not register a civil partnership should be equivalent to the rights and responsibilities of unmarried heterosexual couples;



• While registration of a civil partnership should be deemed as evidence of a committed and enduring relationship, not registering must not be seen as evidence of lack of commitment or significance in each other’s lives, for example in the context of hospital visiting and medical treatment;



• While these proposals do address some areas of discrimination against same sex couples, in order to be fully effective, they must be accompanied by strengthened anti-discrimination legislation, protecting lesbians and gay men from discrimination in the delivery of goods, facilities and services, in both the private and public sector;



• Further, a prohibition on discrimination between married couples and registered partners should be enshrined in legislation;



• This must include in employment legislation, for example by amending Regulation 25 of the Employment Equality (Sexual Orientation) Regulations 2003 – employers must not be permitted to discriminate between married and registered partners in the provision of any workplace benefits;



• As far as possible, there should be consistency within the UK (ie between England and Wales, Scotland and Northern Ireland) over rights and responsibilities for same sex couples;



• There should be recognition in the UK of partnerships registered in other EU states, and the UK should seek recognition of UK partners in other EU states;



• While UNISON welcomes the assurances that registered partners will be treated as spouses in the public sector pension schemes, our strongly held view continues to be that all partners, whether married, unmarried, registered or unregistered, should be eligible for surviving partner pensions;



• UNISON urges the government to include a Civil Partnership Bill based on these proposals in this autumn’s Queen’s speech.