From Civil Partnership to Same-Sex Marriage: Interdisciplinary Reflections

256 Pages·2015·2.187 MB·English

by  Nicola Barker, Daniel Monk (eds.)

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The Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act
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2013 are important legal, social and historic landmarks, rich in symbolic, r
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material and cultural meanings. While fiercely opposed by many, within h 7
mainstream narratives they are often represented as a victory in a legal reform i 1
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process that commenced with the decriminalisation of homosexuality. Yet, 2
at the same time, for others they represent a problematic and ambivalent to ril
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political engagement with the institution of marriage. Consequently, A
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these legal reforms provide a space for thinking about issues that arguably m 6
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This edited collection brings together scholars and commentators from a - 0
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Nicola Barker is Senior Lecturer in Law at the University of Kent. d
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Daniel Monk is Reader in Law, Birkbeck, University of London. i x
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ISBN 978-1-138-79753-6
Edited by
www.routledge.com
9 781138 797536
Routledge titles are available as eBook editions in a range of digital formats Nicola Barker and Daniel Monk
From Civil Partnership to
Same-Sex Marriage
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p The Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act
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4 2013 are important legal, social and historic landmarks, rich in symbolic,
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er legal reforms provide a space for thinking about issues that arguably affect
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From Civil Partnership to
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A Interdisciplinary re ections
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Firstpublished2015
byRoutledge
2ParkSquare,MiltonPark,Abingdon,Oxon,OX144RN
andbyRoutledge
711ThirdAvenue,NewYork,NY10017
aGlassHouseBook
RoutledgeisanimprintoftheTaylor&FrancisGroup,aninformabusiness
©2015Selectionandeditorialmatter,NicolaBarkerandDanielMonk;
7 individualchapters,thecontributors
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0 TherightsofNicolaBarkerandDanielMonktobeidentifiedasauthorsofthis
2
l workhavebeenassertedbytheminaccordancewithsections77and78of
ri theCopyright,DesignsandPatentsAct1988.
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A Allrightsreserved.Nopartofthisbookmaybereprintedorreproducedor
4 utilisedinanyformorbyanyelectronic,mechanical,orothermeans,now
0 knownorhereafterinvented,includingphotocopyingandrecording,
6 orinanyinformationstorageorretrievalsystem,withoutpermissionin
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: writingfromthepublishers.
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0 Trademarknotice:Productorcorporatenamesmaybetrademarksor
at registeredtrademarks,andareusedonlyforidentificationandexplanation
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o 1.Same-sexmarriage–Lawandlegislation–GreatBritain.2.Same-sex
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Contents
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A Acknowledgments vii
4 List of contributors ix
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9: 1 From civil partnership to same-sex marriage: a decade in British
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t legal history 1
a
] NICOLABARKERANDDANIELMONK
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e Part I
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ni Towards marriage 27
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e 2 Liberalism by stealth? The Civil Partnership Act and the new
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o equalities agenda in perspective 29
o
Br JEFFREYWEEKS
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or 3 Civil partnership in Scotland 2004–14, and beyond 45
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x KENNETHMCK.NORRIE
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y 4 Opposing same-sex marriage, by supporting civil partnerships:
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d resistances to LGBTequalities 61
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d KATHBROWNEANDCATHERINENASH
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w 5 Consenting to gender? Trans spouses after same-sex marriage 79
o FLORARENZ
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Part II
Changing minds, changing practice? After the wedding 95
6 Social work and adoption: the impact of civil partnership and
same-sex marriage 97
CHRISTINECOCKER
vi Contents
7 Civil partnership and ordinary marriages 115
BRIANHEAPHY
8 The Church of England and gay marriage: what went wrong? 132
GILESGODDARD
9 Even sociologists get civilly partnered? Loving same-sex marriage
and other contradictions 149
7 YVETTETAYLOR
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l Part III
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r The end of (the) marriage: dissolutions, disputes and the future 165
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4 10 ‘Square peg, round hole’? The legal regulation of
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6 plus-two-parent families 167
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9: CHRISDIETZANDJULIEWALLBANK
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a 11 Judging the Act: civil partnership disputes in the courtroom and
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y the media 183
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n 12 Dissolution or disillusion: the unravelling of civil partnerships 199
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s ROSEMARYAUCHMUTY
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o 13 After the wedding, what next? Conservatism and conjugality 220
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B NICOLABARKER
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Acknowledgments
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ri Mostofthechaptersinthiscollectionwerepresentedatatwo-dayworkshop
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A in January 2014. We would like to thank the Kent Centre for Law Gender
4 and Sexuality, Birkbeck Gender and Sexuality and the Birkbeck School of
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6 Law for generously sponsoring the event. In an age of austerity we are both
:5 immensely fortunate – and proud – to be associated with, and members of,
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0 institutions which help to sustain a commitment to engaged critical inter-
at disciplinary legal scholarship. The workshop was also made possible by the
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y unstinting administrative support provided by Reina van der Wiel and the
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si assistance at the event of Mayur Suresh; abig thank you to them both.
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e We are delighted that this collection is published by Routledge and thank
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ni Colin Perrin for his commitment to the project, and Laura Muir, Ashlie
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JackmanandNeilDowdenfortheirhelpinbringingthecollectiontofruition.
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e We also want to thank Routledge for supporting our front cover pre-
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o ference; Pierre Saurisse for bringing the artwork to our attention; the artists’
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Br studio manager Margo Laurasfor her swift co-operation; and, of course, the
d artists Elmgreen and Dragset for providing their permission. Entitled ‘Gay
or Marriage’,theartworkisopentomultipleplayfulandprovocativereadings. In
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x doing so, it encapsulates perfectly what we hope the collection achieves;
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[ encouraging questions, reflections and debates about the pleasures and perils
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b of civil partnership and same-sex marriage.
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d Nicola Barker and Daniel Monk
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o January 2015
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List of contributors
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p Rosemary Auchmuty is Professor of Law at the Universityof Reading.
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4 Nicola Barker is Senior Lecturer in Law at the University of Kent.
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5 Kath Browne is Reader in Geography at the School of Environment and
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9 Technology, University of Brighton.
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a Christine Cocker is Senior Lecturer in Social Work at the Universityof East
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er Chris Dietz is a research student and graduate teaching assistant at the
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i University of Leeds.
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s Rev. Canon Giles Goddard is Vicar of St John’s Church, Waterloo, Chair of
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k Inclusive Church and a member of the General Synod.
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r Brian Heaphy is Professorof Sociology at the Universityof Manchester.
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d Daniel Monk is Reader in Law, Birkbeck, Universityof London.
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xf Catherine Nash is Associate Professor at the Department of Geography,
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Brock University, Canada.
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b Kenneth Norrie is Professorof Law at Strathclyde University.
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d Flora Renz is a PhD student and teaching assistant at the University of
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o Kent.
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w Yvette Taylor is Professor in Social and Policy Studies at the Weeks Centre
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D for Social and Policy Research, London South Bank University.
Julie Wallbank is Senior Lecturer in Law at the University of Leeds.
Jeffrey Weeks is Emeritus Professorof Sociologyat the LondonSouth Bank
University.