Vote on end of civil partnership 'discrimination' for opposite-sex couples

Wednesday 19 January 2022

A man and a woman will be able to enter into a civil partnership, if the States Assembly agrees to update laws around marriages and civil status.

If passed, the law change will remove an anomaly where same-sex couples could choose to be married or have a civil partnership, but opposite-sex couples could only choose the former.

States Members are also being asked to approve a number of other amendments. These include allowing couples planning to get married outdoors to move the service to a named indoor setting if the weather is poor.

If supported by politicians, there will also be a legal requirement to give a child a forename within three months of being born. Confusing, embarrassing, or offensive names will also be banned.

If the person with parental responsibility does not comply or cannot be found, the Home Affairs Minister will have the power to choose a name for the child. 

Jersey customary law, which says that a wife’s official address should be that of her husband’s, will also be updated to allow her to choose her domicile.

When it comes to civil partnerships, these were introduced in Jersey in 2012. The aim then was to give same-sex couples the same rights and responsibilities that opposite-sex couples had through marriage, at a point in time when same-sex marriage was not considered a viable option.

Same-sex marriage was later approved in 2015, but at the time it was accepted that the civil partnership law should remain unchanged until either more was understood about the uptake of civil partnerships after the introduction of same-sex marriage or there was a related court ruling.

Pictured: Same-sex civil partnerships were introduced in Jersey in 2012 and marriage followed three years later.

That ruling was made by the UK Supreme Court in 2018, when it concluded that the UK law, which also excluded opposite-sex couple from entering a civil partnership, was discriminatory. 

The Jersey law changes also propose raising raise the minimum age of marriage and civil partnership to 18 years old. If a couple has undergone a marriage or civil partnership ceremony in another country and at least one of them is under 18, that union will not be recognised in Jersey.

It is also proposed that marriage and civil partnerships will carry the same legal responsibilities. 

Home Affairs Minister Deputy Gregory Guida said: “One of the ways to reinforce the understanding that the rights and responsibilities of marriage and civil partnerships are the same is to align the two ‘entry’ processes with regards to giving of notice, safeguards, and identity verification. 

“If the processes to enter into a civil partnership look and feel the same as marriage, then this will help address the perceived differences in legal responsibilities associated with civil partnerships.”

The draft law also allows couples to convert their existing marriage into a civil partnership if both partners wish to do so. 

The proposed law changes will not be debated before 1 March.