Sex and the civil partnership act: the future of (non) conjugality?

Abstract

This article considers the transgressive and transformative possibilities in the sexual silences of the U.K.'s Civil Partnership Act 2004. The absence of a consummation requirement and adultery as a specific ground of dissolution do open up some possibilities but are not unproblematic. These issues are explored in the context of the England and Wales Law Commission's apparent 'return' to a conjugal model in its forthcoming consultation on cohabitation. It is concluded that though the Act may open up possibilities for expanding the legal recognition of relationships beyond those that are sexual, this raises concerns about the further privatisation of care as well as increased state intervention in relationships. Instead, I argue that the purpose and function of relationship recognition should be deconstructed and separated from ideology and romantic mythology about what families and relationships are and should be. If it does wed itself so closely to the conjugal marriage model in the consultation document, the Law Commission will miss a valuable opportunity to ask important questions about the purpose and function of relationship recognition.

Love and the State: Gay Marriage in Spain

“…There is therefore a need to cast a critical eye over the potential differential economic and social impacts of samesex marriage on lesbians, especially in the Spanish context, where so much emphasis is put on the family as a source of reciprocal care and economic support that underlines not only the welfare system but the whole organisation of the State. Similar research is taking place in Canada through the work of Susan Boyd and Claire Young (2003;, and in the UK through the work of Rosemary Auchmuty (2004), Nicola Barker (2006), Davina Cooper (2001) and Carl Stychin (2006), among others. These authors have pointed out the need for a deeper, intersectional analysis of the differential effects of marriage on disenfranchised individuals.…”

Citizenship, gender and sexuality

“…For instance, according to some, this new 'othering' might include women and men who form intimate associations and family relationships that are not based on traditional gender and familial norms . As well as 'gay marriage' and civil partnerships, some have suggested that access to parenting rights may divide lesbians and gay men as 'respectable' normative LGBT citizens (Barker 2006). Another issue concerns the uneven benefits of sexual citizenship.…”

Zombie Law: Conjugality, Annulment, and the (Married) Living Dead

“…The relata of annulment may change such that we (and the law) no longer care whether newlyweds are sexually differentiated people, or whether they consummate their vows or not (Barker 2006). As discussed above, the latter is true in Australia.…”