In a case which threatens to undermine the UK Government’s stance on same sex marriage, a lesbian couple will this week seek legal recognition of their Canadian marriage.

A British couple, Celia Kitzinger and Sue Wilkinson, who were legally married in Vancouver in 2003, will ask the court to recognise their marriage under section 55 of the Family Law Act 1986.

For an overseas marriage to be recognised in the UK it must be shown that the marriage was legal, recognised in the country in which it was executed, and that nothing in the country’s law restricted their freedom to marry. Celia and Sue will argue that their marriage fulfils these requirements even though people cannot legally enter into same sex marriages in the UK.

Under the Civil Partnerships Act 2004, which comes into effect in December, same sex couples will be able to register their partnership and receive many of the legal benefits available to heterosexual married couples. Celia and Sue reject civil partnership, believing it to be both symbolically and practically a lesser substitute. They are asking the court to recognise their overseas marriage in the same way that it would recognise that of a heterosexual couple. They will argue that a failure to do so would constitute a breach of their human rights to privacy and family life and their right to marry, and is discriminatory on the basis of their sexuality.

Celia Kitzinger and Sue Wilkinson said today:

“This is fundamentally about equality. We want our marriage to be recognised as a marriage - just like any other marriage made in Canada. It is insulting and discriminatory to be offered a civil partnership instead. Civil partnerships are an important step forward for same-sex couples, but they are not enough. We want full equality in marriage.”

James Welch, Legal Director at Liberty said:

“Our clients entered into a legal marriage in Canada. It is a matter of fairness and equality that they should be treated the same way as any other couple who marries abroad: their marriage should be recognised here. They shouldn't have to settle for the second-best option of a civil partnership.”

Notes for editors:

Liberty is acting for Celia Kitzinger and Sue Wilkinson.
Celia and Sue can be contacted on 01904 432 635 (Friday 12th only) or via the Liberty Press Office on 020 7378 3656 or 07973 831 128

Sue and Celia will argue that any failure to recognise the validity of their marriage constitutes a breach of their rights under Articles 8 (right to respect for privacy and family life), 12 (right to marry) and 14 (prohibition of discrimination) (taken together with Article 8 and/or 12) of the European Convention on Human Rights, which is incorporated into domestic law by the Human Rights Act 1998.

The case is expected to be heard in early 2006.

Celia has been a Professor at the Sociology Department at the University of York since 2000, and is also a Fellow of the British Psychological Society and the American Psychological Association.

Sue is an academic psychologist, and holds the posts of Professor of Feminist and Health Studies and Director of the Social Psychology degree programme at Loughborough University.

A more detailed briefing paper is available on request from the Liberty Press Office on 020 7378 3656 or 07973 831 128