As such, English Law does not recognize homosexual marriages. The supporters of the lesbian movement criticized the UK’ s refusal to recognize such marriages and held it be similar to the racial segregation that was practiced in the US in the past. The Civil Partnership Act provides all-inclusive rights to same-sex couples, registered in the UK. Nevertheless, it is incapable of being interpreted in accordance with the Convention rights. A superficial view leads to the conclusion that it would be quite difficult to envisage partnership rights in similar terms in the UK.
Such a conclusion is supported by the absence of a written constitution and general theory of conventionally well-established legislation. This renders the Civil Partnership Act 2004 akin to any other piece of legislation. However, a constitutional perspective has been incorporated due to the Human Rights Act 1998; which amalgamates the Article 14 provisions regarding non-discrimination, especially in respect of sexual orientation, of the Convention rights, into national law. Section 3 of the Human Rights Act 1998, requires any piece of legislation to conform to the Convention laws. The petitioners, in this case, contended that the prohibition of same-sex marriage violated the provisions of Article 8 of the ECHR.
This piece of legislation provides a right to respect for private and family life to every individual. Moreover, Article 12 ECHR provides a right for every individual to marry in accordance with that person’ s domestic legislation. Article 8 of the ECHR specifies the right to respect for family life and privacy; Article 12 describes the right to marry and raise a family, by eligible men and women; and Article 14 states that the Convention rights are to be secured without any discrimination on the basis of sex, ethnicity, language, religion, colour, birth, national origin or political opinion.
As such, the ECtHR has been extremely circumspect, whilst according to protection to the rights of people in non – traditional marriages.
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