A Foreign Court Treated Civil Partnership as Marriage

A gay couple that was some time ago granted the status of civil partners in the UK was now recognized by a court in Canada for officially married.

The Supreme Court Justice Ruth Mesbur said that this marriage had to be treated as a legal one in the same way as in any other country, otherwise it could be regarded as discrimination.

After some time the relationship between Wayne Hincks and Gerardo Gallardo deteriorated.Waynewanted to initiate divorce proceedings but his spouse refused, thinking that the fact they changed their living place toTorontowould probably influence their status and it would not be the same as in theUK.

The decision of the Supreme Court Justice Ruth Mesbur was really surprising:

“It seems to me that to do anything other than recognise this particular civil partnership as a marriage would run contrary to the express values of Canadian society,” she stated, “and would constitute impermissible discrimination.”

As this is the first time that overseas court has ruled on the issue, this decision was quite shocking.

For Hincks this seemed as a “victory for equality”. He said he hoped this case would makeUKgovernment start thinking of civil partnership and marriage as of equal things.

He commented: “If another country says that there is no difference between civil partnership and marriage then I don’t see why the entities should exist separately here.”

In the UK marriage and civil partnership are still separate, and treated as different, just like the Confidentiality agreement, which can be Mutual or Unilateral

 

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