UK gay couples win new rights

Gay couples will have property and pension rights

Gay and lesbian couples in the UK will be awarded the same legal rights as married ones under plans outlined by the government.

These will include pension and property entitlements if couples register their commitment in a civil ceremony.

Schemes which recognise committed homosexual relationships have already been set up in nine EU countries.

And in June, Canada's largest province Ontario ruled that gay and lesbian couples have the right to marry there.

EU countries that recognise same-sex relationships Belgium Denmark Finland France Germany Netherlands Portugal Spain Sweden The UK law as it stands now

Under the UK plans, gay couples will not be entitled to a "marriage" ceremony, but will be able to sign an official document at a register office in front of the registrar and two witnesses.

The UK Government says heterosexual couples are excluded from the proposals because they have the option of getting married.

While the consultation paper does not use the term "gay marriage", the new Civil Partnership Registration Scheme seems to have been designed to be as close to a marriage contract as possible.

Gay couples would not have to live together for a certain length of time to be eligible for the rights, and if the partnership breaks up, there would be a "formal, court-based process" for dissolving it.

The UK's minister for women and equality, Jacqui Smith, said the plans would give gay couples "rights and responsibilities".

"This is not about being 'PC', but about bringing law and practice into line with the reality of people's lives," she said.

'Legally invisible'

"Thousands of people are in long-term, stable, same-sex relationships.

It's no fun being the last bastion of acceptable prejudice - and a change in the law this year as we reach our 25th anniversary would be a real cause for celebration A gay couple's experience

"They are committed to each other in all areas of their joint lives, but their relationships are invisible in the eyes of the law.

"Same-sex couples often face a range of humiliating, distressing and unnecessary problems because of a lack of legal recognition.

"Civil partnership registration would underline the inherent value of committed same-sex relationships.

Under the new plans, gay couples in the UK will have:

• Visiting rights in hospitals
• Parental responsibility for each other's children
• Joint state pension benefits
• Obligation to support each other financially
• Ability to claim compensation for fatal accidents or criminal injuries
• Recognition under inheritance and intestacy rules
• The right to register their partner's death and continue tenancy of a property
• Exemption from inheritance tax on a partner's home

Ben Summerskill, chief executive of gay rights group Stonewall, said he was delighted with the plans, which were "long overdue".

"It's not just social status that matters, like the right to visit each other in hospital, but the right to share a partner's pension, for example."

He said that was "something available to every heterosexual".

CURRENT UK PARTNERSHIP RIGHTS
	Married couple	Same sex couple
Next of kin	Husband or wife can act for spouse, for example when mentally ill.	Must defer to 'legal' (usually blood) relatives even if they go against wishes of partner.
Death registration	Husband or wife counts as relative so can officially register death of partner.	Cannot officially register death of partner and must get 'legal' relative to do it for them.
Tax	In the case of a spouse dying, the surviving partner does not pay inheritance tax on their estate.	If one partner dies the other has to pay inheritance tax (currently up to 40% over £250,000).
Pensions	Husband or wife, and any children, can benefit from pension payments of partner following their death.	Some company schemes confer pension rights on gay and lesbian couples. But in most cases if one dies their pension payments cannot be transferred to the surviving partner.
Hospital visits	Husband or wife has right to see spouse in hospital and to be kept informed of treatment.	Have no rights to see partner or to be kept informed.
Property	On death of spouse, husband or wife has right to remain in property they shared.	On partner's death the surviving partner, even with children, has no automatic right to continue living in property.
Criminal compensation	Have rights to claim for partners' death under the Criminal Injuries Compensation Scheme.	Recently given rights to claim for partners' death under the Criminal Injuries Compensation Scheme.
Source: Stonewall
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