Is Partnership Equal?: Looking Beyond the Law Identification of Possible Social Harm as a Result of Civil Partnership within the United Kingdom

143 Pages Posted: 23 Sep 2009

See all articles by M. Wade Jackson

M. Wade Jackson

University of Bristol - School of Law

Date Written: March 20, 2009

Abstract

Main Research Question: What if any Social Harm is caused by the denial of Same-Sex marriage under the Civil Partnership Act 2004?

Throughout the Western World there is discussion, legislation, and contemplation as to what to do about non-heterosexual relationships. In some societies these relationships are banned, in some societies they are ignored and in some they are subject to laws with varying degrees of significance. In the United Kingdom the Civil Partnership Act 2004 (CPA) was enacted to establish a new form of legally recognized union called “civil partnership”. In this investigation into the possible social harm resulting from the creation of a separate but equal system the relevant case law, statues, and literature are analyzed. Utilizing a web-survey (n=407) the impact of the CPA and the effect on the citizens of England and Wales is investigated. The unique attribute of the United Kingdom is that Parliament is supreme therefore an investigation of the constitutionality of the CPA is moot. By using a social harm analysis this research shows the presence of social harm resulting from the denial of universal marriage.

Keywords: same-sex marriage, gay, lesbian, civil partnership, unions, marriage, gay marriage, equal rights, social harm

Suggested Citation

Jackson, Michael Wade, Is Partnership Equal?: Looking Beyond the Law Identification of Possible Social Harm as a Result of Civil Partnership within the United Kingdom (March 20, 2009). Available at SSRN: https://ssrn.com/abstract=1477648 or http://dx.doi.org/10.2139/ssrn.1477648

Michael Wade Jackson (Contact Author)

University of Bristol - School of Law ( email )

Wills Memorial Building
Queen's Road Clifton
Bristol BS8 1RJ, BS8 1RJ
United Kingdom

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