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
Date Written: March 20, 2009
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
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