Topic > English Law Approach to Same-Sex Marriage - 2722

IntroductionThe phenomenon of same-sex marriage is relatively new but is gaining popularity day by day. The notion has already been accepted and promulgated as law in several jurisdictions. However it lacks advocates within the UK legal system who are reluctant to allow such relationships to be regulated in marriages. There are two current situations addressed by English law that need to be taken into account: the right of people of the same sex to marry and the right of transsexuals to marry a person of the opposite sex following their gender reassignment. Although English law is in stark contrast to that of other democratic states which have allowed same-sex marriages. However there have been some recent developments in English law which demonstrate its approach towards the two situations mentioned above. This article will argue that the history of English matrimonial 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 reasons under English law for the lack of recognition of homosexual marriages celebrated abroad. While the second part underlines the recognition that English law has granted to transsexuals. Part I Same-sex marriages solemnized abroad Sec.11(c) of the Matrimonial Causes Act 1973 states that a marriage would be void if the parties to it were not male and female respectively. Apparently this leaves no room for further arguments. However, the British courts' decision not to recognize same-sex marriages has been challenged on several occasions. A recent case decided by the High Court highlights the English position on same-sex marriages taking place outside... middle of paper......: http://www. jstor.org/>Wright, W. 2006. The tide for equality: same-sex marriage in Canada, England and Wales. International journal of law, politics and family [online]. 20(3). Accessed 12 December 2010]. Available from the World Wide Web: http://www. oxfordjournals.org/>LegislationCivil Partnership Act 2004Family Law Act 1986Gender Recognition Act 2004Matrimonial Causes Act 1973Marriage act 1949Wilkinson v Kitzinger [2006] EWHC 2022 (fam)M v Secretary of State for Work and Pensions [2006] 2 WLR 638Rees v UK (1 986) 9 EHRR 56Goodwin v United Kingdom [1996] ECHR 16Corbett v Corbett [1971] P 83W v W [2001] Fam. 111Bellinger v Bellinger [2001] EWCA Civ. 1140I against United Kingdom 35 Euro. Ct. HR 592 (2002) Parry v United Kingdom Appl. No. 4297/05 Websites http://www.wcl.american.edu http://www.dca.gov.uk/constitution/transsex/statement.html.