Lesbian couple married in Canada seek legal recognition in the UK.
High Court submission Friday 12 August 2005
London – 11 August 2005
A British lesbian couple married lawfully in Canada will seek to challenge the UK’s non-recognition of same-sex marriage in the High Court in London today, Friday 12 August 2005.
University professors Sue Wilkinson and Celia Kitzinger were married lawfully in Canada in August 2003, while Sue was working there, after the province of British Columbia opened up marriage to same-sex couples.
Their marriage is fully recognised in Canada. Now they want the UK to recognise their status as a married couple.
Kitzinger and Wilkinson are being represented by Liberty, with the lead barrister being Karon Monaghan of Matrix Chambers.
See an article about the case in The Lawyer, 7 March 2005:
http://www.thelawyer.com/cgi-bin/item.cgi?id=114292&d=11&h=24&f=23
“A different-sex couple married in Canada would automatically have that marriage recognised in the UK. We believe that to operate a different set of rules for same-sex couples is profoundly discriminatory – an affront to social justice and human rights,” said Sue Wilkinson.
“We are bringing a test case to the High Court in London, with the support of the civil rights watchdog, Liberty, who are providing legal representation; and with the backing of OutRage!, the lesbian, gay, bisexual and transgender human rights group,” added Celia Kitzinger.
“Our lawyers are seeking a statutory declaration of the validity of our marriage, with reference to the European Convention of Human Rights and the Human Rights Act 1998,” concluded Ms Kitzinger.
“We are backing their legal battle,” said Peter Tatchell of OutRage!
“This is a historic challenge to a grave injustice.
“All other marriages conducted lawfully abroad are recognised in the UK. To refuse to recognise a lawful same-sex marriage is an act of appalling discrimination.
“The ban on same-sex marriage in the UK is institutional homophobia. It signals the continuing second class legal status of lesbian, gay and bisexual people.
“Civil partnerships are sexual apartheid and second best. Nothing less than marriage equality is acceptable.
“We are immensely grateful to Liberty for funding this important test case and providing legal research and representation,” said Mr Tatchell.
A copy of a statement by Sue Wilkinson and Celia Kitzinger follows below:
Equal in the UK? Canada’s Expansion of Rights Ripples Worldwide
By Sue Wilkinson and Celia Kitzinger
Equal marriage in Canada is having a ‘ripple effect’ around the world. Here’s our own story:
http://www.samesexmarriage.ca/advocacy/uk270505.htm
“We are a British lesbian couple, married in Canada in August 2003 (when Sue was living and working in Vancouver). Now we’re back in the UK — where we are both university professors — and we’re seeking a legal declaration of the validity of our marriage here.
“A Civil Partnership Act comes into force in the UK later this year, and we’re advised that, under this new legislation, our marriage is likely to be deemed a civil partnership. In effect, we will be forced into second-class status. A different-sex couple married in Canada would automatically have that marriage recognized in the UK; we believe that to operate a different set of rules for same-sex couples is profoundly discriminatory — an affront to social justice and human rights.
“So we’re bringing a test case to the High Court, with the support of Liberty (the national civil liberties association), who are providing legal representation, and OutRage! (the national lesbian and gay campaigning group).
“Our lawyers are seeking a statutory declaration of the validity of our marriage, with reference to the European Convention of Human Rights (Human Rights Act 1998).
“Expert testimony regarding the legality of our marriage in Canada will be provided by Cynthia Petersen (who represented Egale Canada in the landmark Ontario and BC marriage cases, as well as in last year’s same-sex marriage Reference hearing).
“We believe this kind of legal action is a ‘first’ in Europe (where, at present, only Belgium and The Netherlands permit same-sex marriage). It’s a rather different approach from that currently being taken by the Irish lesbian couple, Katherine Zappone and Ann Louise Gilligan (who also married in BC in 2003). They are seeking a judicial review of the Irish Revenue Agency’s decision not to treat them as a married couple for tax purposes. However, the objective is the same: to achieve full and equal recognition by the government of their marriage.
“Canada is a world leader in equal marriage rights: we hope that the rest of the world will soon catch up!”
Sue Wilkinson and Celia Kitzinger