British Judge
Dismisses Bid for Recognition
of Same-Sex Marriage
AP from FOXNews.com
from the Web, August 1, 2006
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Sue
Wilkinson, left, and Celia Kitzinger address the media outside the
High Court in central London. Photo by
AP |
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LONDON, July 31 -- A British
judge on Monday dismissed a bid by two female professors to have their same-sex
wedding in Canada recognized as a marriage in Britain.
Judge Mark Potter, head of Britain's High Court Family Division, dismissed the
claim by Sue Wilkinson and Celia Kitzinger that in defining their relationship
as a civil partnership — rather than a marriage — Britain had violated their
human rights.
Granting their request would risk undermining the time-honored institution of
marriage, he said.
"To accord a same-sex relationship the title and status of marriage would be to
fly in the face of the (European) Convention (on Human Rights) as well as to
fail to recognize physical reality," Potter wrote in his ruling.
Potter said there was a "long-standing definition and acceptance" that the term
marriage referred to a relationship between a man and a woman, primarily
designed for producing and rearing children.
Wilkinson, 49, and Kitzinger, 52, wed in Vancouver, British Columbia, after the
province ushered in laws allowing same-sex marriages in 2003, but said the judge
on Monday had effectively stripped away the legitimacy of their union
We are deeply disappointed by the judgment, not just for ourselves but for other
gay couples and families," Wilkinson said after walking from the courtroom hand
in hand with her partner.
"It perpetuates discrimination and it sends out the message that lesbian and gay
marriages are inferior."
Potter said he believed people across Europe would acknowledge the importance of
upholding a traditional concept of marriage.
"The belief that this form of relationship is the one which best encourages
stability in a well-regulated society is not a disreputable or outmoded notion
based upon ideas of exclusivity, marginalization, disapproval or discrimination
against homosexuals," Potter said.
Wilkinson and Kitzinger were told by Potter they have the right to challenge the
ruling at Britain's Court of Appeal.
But Kitzinger said their life savings have been exhausted by the court's
decision that they must pay the government's legal costs of 25,000 pounds
(US$46,590; euro36,500).
"We are hopeful we will be able to appeal but need help to fund the cost, which
will likely be the same amount again," Kitzinger told The Associated Press.
"Though we're disappointed, we are sure there will be a day — within our
lifetimes — when there will be equality for same-sex marriage. This judgment
will not stand the test of time."
Joanne Sawyer, a legal officer with civil liberties group Liberty, who
represented the couple, said she also believed the ruling would in future be
seen as out-of-step with contemporary values.
The Netherlands, Canada, Belgium and Spain have legalized same-sex marriage,
while several other European countries have laws similar to Britain — where
same-sex couples have the right to form legally binding civil partnerships,
entitling them to most of the same tax and pension rights as married couples.
In the United States, only the state of Massachusetts allows gay marriage, while
Vermont and Connecticut permit civil unions.
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