Tom and Kat’s Straight Gay Wedding

While researching for a project I was working on at university, I came across a very interesting article in the Guardian about a heterosexual couple in the United Kingdom, Tom Freeman and Katherine Doyle, who are seeking a civil partnership (P. Tatchell, ‘I’m backing straight civil partnerships’ (2009)).

For those of you that are not from the UK or are unfamiliar with civil partnerships, let me explain: The Civil Partnership Act came into force in 2005 which for the very first time created a means for gay and lesbian couples to formally register their relationships and have them legally recognised across the UK. Being in a civil partnership is pretty much identical to marriage in all but name: you receive the same benefits such as inheritance rights and all the procedures for registering and for dissolution are practically synonymous.

For many people this raised the question as to why marriage was not then extended to homosexual couples, rather than creating this entirely new legal institution, which rather than offering equality to gays and lesbians couples, seems to only segregate them further from heterosexual couples. In fact many homosexual couples have decided that they do not wish to enter into a civil partnership as only the gold standard of marriage will satisfy them. However, there are some that believe that creating this new institution was a very positive step, as it allows them to distance themselves from the highly archaic model of marriage, allowing them to mould civil partnerships into something unique to them (M. Vernon, ‘We don’t need gay marriage’ (2009)).

This is where Tom and Kat come in. They wish to enter into a civil partnership as they would like to formalise their relationship but feel alienated from the patriarchal traditions of marriage. Furthermore, they do not wish to enter into a civil marriage when it is denied to gay and lesbian couples. As a result, they have decided to remain unmarried until marriage is made available to gay and lesbian couples, while civil partnerships are made available to heterosexual couples. Only then will true equality exist as there will be a freedom of choice for all as to which institution they wish to enter into.

Unsurprisingly, the couple’s desire to register for a civil partnership was rejected by their local registry office, however they have since been contacted by a leading human rights lawyer, Peter Tatchell, who has offered to represent them on a ‘no win no fee’ basis and take them to the European Court of Human Rights (ECtHR) in Strasbourg. They will be accompanied by a homosexual couple who will be seeking a marriage. The aim is to show that the English law governing the area of marriage and civil partnerships is incompatible with the European Convention for the Protection of Human Rights and Fundamental Freedoms to which the UK is a party to.

I am utterly inspired by what these individuals are doing. Tom and Kat have received a huge amount of support from the LGBT community who are thrilled that they are willing to fight for homosexuals' rights to marry, setting aside their own rights in the process. It will be fascinating to find out what happens when the case eventually makes it to the ECtHR and I await the result with much anticipation. In the meantime, I have contacted Tom Freeman and offered my assistance in anything I can do to help them in their quest for equality. Exciting times are ahead and, especially as a law student myself, it would be fantastic to get involved in something so significant for this country and for the rights of an enormous amount of its citizens.

If interested, I would heavily encourage you to visit their Facebook page and show your support.