English Law’s Approach to Same Sex Marriage Essay -- Law Legal Same Se

Introduction The phenomenon of same sex marriages is relatively new but is gaining popularity day by day. The notion has already been welcomed and enacted as law in different jurisdictions. However it lacks proponents within the UK legal system which is reluctant to allow such relationships to be regulated into marriages. There are two topical situations faced by English law which need to be considered: the right of same sex people to marry and the right of the transsexuals to marry a person of the opposite sex post their gender reassignment. Although English law stands in stark contrast compared to the other democratic states that have allowed same sex marriages. However there have been some recent developments in English law which demonstrate its approach towards the above two situations. This article will argue that the history of English marriage law is one in which the most provocative anxieties raised by transsexual and same sex spouses have been afforded considerable recognition. The first part of the essay outlines the reasoning of English law for non-recognition of same sex marriages celebrated overseas. While the second part points out the acknowledgement English law has afforded to transsexuals. Part-I Same sex marriages celebrated overseas Sec.11(c) of the Matrimonial Causes Act 1973 declares that a marriage would be void if the parties to it are not respectively male and female. Apparently this leaves no room for further argument. However there have been a number of occasions where the decision of the UK courts of not allowing recognition to same sex marriages has been challenged. A recent case decided in the High Court highlights the English stance on same sex marriages that took place outside the... ...: http://www. jstor.org/> Wright, W. 2006. The tide in favour of equality: same-sex marriage in Canada and England and Wales. International Journal of Law, Policy and the Family [Online]. 20(3). Accessed 12th December 2010]. Available from World Wide Web: http://www. oxfordjournals.org/> Legislation Civil Partnership Act 2004 Family Law Act 1986 Gender Recognition Act 2004 Matrimonial Causes Act 1973 Marriage act 1949 Cases Wilkinson v Kitzinger [2006] EWHC 2022 (fam) M v Secretary of State for Work and Pensions [2006] 2 WLR 638 Rees v UK (1986) 9 EHRR 56 Goodwin v UK [1996] ECHR 16 Corbett v Corbett [1971] P 83 W v W [2001] Fam. 111 Bellinger v Bellinger [2001] EWCA Civ. 1140 I v UK 35 Eur. Ct. H.R. 592 (2002) Parry v UK Appl. No. 4297/05 Websites http://www.wcl.american.edu http://www.dca.gov.uk/constitution/transsex/statement.html.