Advocate Rose Colley, of Viberts, has said it was a missed opportunity not to introduce civil partnerships for heterosexual couples into Jersey law at the same time that the gay marriage law was passed. She added: ‘It would have saved a lot of time and money’. Currently, only same-sex couples can enter into a civil partnership in Jersey.
Advocate Colley’s comments come after Theresa May announced that the UK government is introducing civil partnerships for heterosexual couples.
The announcement follows a Supreme Court ruling that legislation on civil partnerships in the UK – which are also currently only open to same-sex couples – was in breach of the European Convention on Human Rights.
Advocate Colley said that extending the same rights and legal protection to same-sex couples who may not wish to get married is ‘the right thing to do.’
She said: ‘There are a lot of younger people who feel that marriage is too traditional and outdated for them, but who are in danger of missing out and getting into difficulties should one of them die or should they separate.
‘There is a common and dangerous misconception that if you have lived with someone for a certain length of time that you can become a common law wife or husband, which is utter nonsense.
‘Currently, unmarried heterosexual couples have no legal rights whatsoever. That means no protections covering areas such as pension rights or children following either the death of a partner or a separation.
‘It is a misconception that I have seen get people into really difficult situations.’
Advocate Colley added: ‘I really feel it was a missed opportunity not to introduce it at the same time as the gay marriage law.
‘But unfortunately, it just didn’t capture the imagination of the politicians at the time. Unfortunately, the Supreme Court ruling in the UK didn’t get the attention of the States or the local media at the time, and it needs the support of both for it to be debated in the States.’
Vic Tanner Davy, chief executive of equality and diversity charity Liberate, said that civil partnerships should be extended to everyone, or scrapped.
He said: ‘Civil partnerships were meant to be addressed at the time that same-sex marriage was introduced but because the marriage legislation was such a huge piece of work, it is one of the things – along with adultery, children and divorce – that still needs to be addressed.
‘It wouldn’t make a
lot of sense to get rid of it. There are a lot of women especially who say they would really welcome civil partnerships, as many people see marriage, in its traditional form, as being very patriarchal.’
