Renewed calls for heterosexual civil partnerships

Thursday 04 October 2018

A leading family lawyer, whose calls for heterosexual civil partnerships went unanswered by politicians, wants the issue back on the agenda, after it was announced they would be introduced in the UK.

Advocate Rose Colley called for civil unions to be opened up to mixed-sex couples as well as same-sex ones earlier this year, saying that Jersey should be in the forefront of equal rights rather than lagging behind.

If implemented, the move would allow all couples to be treated equally under the eyes of the law and enjoy the same benefits as those who choose to get married. 

The UK Prime Minister this week announced that the idea would be adopted in the UK after the Supreme Court ruled it was discriminatory not to open the arrangement to couples of opposite sexes wishing to formalise their relationship.

The news has led Advocate Colley to criticise the island’s slow pace of change and sluggishness in introducing social legislation.

She explained to Express that her efforts to change civil partnerships in Jersey were met with “absolute silence.”

Pictured: Advocate Rose Colley.

"There were a few interested politicians but it was at the time they were discussing gay marriage. Civil partnerships for mixed couples could have been introduced with this change but it didn't. It's a shame!" 

Given the latest UK development, she now says there is even more reason for Jersey to change, but nonetheless noted that the politicians had “missed an opportunity to be at the forefront in terms of legislation” - and it’s not the first time such an opportunity has been passed, she argued. 

"Even for gay marriage, it wasn't easy... Again, we found ourselves following England and Wales, where we could have led the way. When civil partnerships went through, that was a big move in the right direction. There were arguments for couples of different sexes. We need to give couples, legally, the same rights as married ones." 

"It always seems to happen when it comes to social legislation," Advocate Colley added, "the politicians are not particularly interested.”

“Gay marriage was almost the high watermark of politicians being interested. We should be doing something, but historically, politicians have been slow in terms of social legislation. They are very often quicker if it involves the finance industry."

Pictured: Advocate Colley says the States are too slow to make any changes to social legislation.

She said that the Children’s Law was a good example of this slowness. Introducing one was first mentioned in the 1990s, but she says it took years before it was actually voted in, as there was no political impetus to make it happen. 

"The States are more interested in other subjects," she said. "They seem more and more bogged down discussing the same thing over and over again. The hospital site is a good example of that."

On the topic of civil partnerships, the family lawyer is confident that change could be brought about “in a matter of months”, but that depends on whether there is now political appetite. 

"The drafting would be very easy," she said. "Everything is already in the law for same sex couples. But we need the political impetus, and I am not sure it is there."

To move things forward, Advocate Colley urged couples to speak up about what they want, so that politicians can start paying attention. 

"We really need people who are cohabiting and have very little rights compared to married couples to realise this could make a difference for them. I think it is something they need to consider and speak about."