Last month, I published a blog regarding a London based heterosexual couple who had filed a judicial review at the High Court in London as they felt that they were being discriminated against based on their gender and sexual orientation by virtue of them not being allowed to enter into a civil partnership.
At the end of last week, it was announced that the couple's legal challenge had failed.
In the UK, same sex couples have the option of either civil partnership or marriage, whereas heterosexual couples only have the option of marriage.
However, the judge made it clear that it does not follow from the fact that there is a difference in treatment that there is discrimination.
It has been well publicised that the Government at Westminster and at Holyrood have not decided conclusively on the future of civil partnerships.
They plan to evaluate the impact on civil partnerships following the introduction of same sex marriage in 2014, albeit that no timescale has been provided as to when the destiny of civil partnerships will be decided upon.
The judge commented that there is no clear evidence at present as to how civil partnerships are likely to be affected by extending marriage to same-sex couples.
Whilst the Government evaluates the impact, the judge is satisfied that there is sufficient objective justification for maintaining the disparity in the short term.
The judge was of the view that such an approach will avoid the expenditure of unnecessary time and public resources and the disruptions that making uninformed legislative changes would entail.
She reached the view that the Government is acting well within the ambit of discretion afforded to it with regard to the regulation of social matters and, accordingly, the claim for judicial review failed.
The couple have announced that they intend to appeal the decision so this is unlikely to be the end of the matter. Keep watching this space...
