Feminist Approach To Analyse UK Case

By Ankit Malhotra

Introduction

Case chosen for analysis is ‘a date to celebrate: Campaign for equal civil partnership’. This case shows that a controversial decision regarding same sex versus heterosexual discrimination through civil Partnership Act and Marriage act 2013. Later UK government has passed a mixed sex civil partnership in England and Wales.

Case describes that civil partnership act has violated European convention requirements on human rights. It is further found that the MSSCA act did not repeal earlier acts of CPA to remove gender restriction. Supreme court of UK finds that restricting civil partnership to only same sex is a discriminatory approach and thus it asked UK government to allow a mixed sex civil partnership. This case is analysed in terms of feminist approach. Judgement made by Supreme Court to provide civil right to mixed or opposite sex is critically examined through lenses of feminist approach.

Act of 2004 and 2013 permit lesbians and gay couples to enjoy a privileged status that was not provided to them before. However, feminist critique does not consider law in such way. Feminist critics consider that here, state determines marriage definition and regulates it. Thus, in this essay, a focus on feminist approach to change judgement of case of opposite sex and same sex is considered.

Main Body

It is found that judgement passed by law to have same sex marriage defies long celebrated definition of marriage that shows that marriage is a voluntary union for men and women. In this regard, it is found that feminist considers that there is a historical association between patriarchy and marriage that is undermined by decision. It is found that feminist critics consider that policy makers introducing unnatural laws to define marriage and same sex civil relationship.

Feminist critique considers that laws passed by government needs to rethink various aspects of families’ legal regulation. In this regard, recognizing same sex marriage by law and government do not consider rights of women as feminist critiques claim. Feminist movement considers that historically marriage is considered as a tool of oppression for women and therefore, such marriage institution reform is sought by feminists. It is also found that feminist legal and political theories criticised existence of heterosexual marriage for women because it spreads inequality, gender hierarchy, and dominance of males as well as define gender roles.

Feminists criticise law because they perceive that laws such as civil partnership for mixed gender or same sex are not friendly for women. Feminists question whether law transforms marriage to a contract-based marriage. Many feminists thus require that a broader approach is required that must not be contract based or status based. Such an approach needs to be fair and women friendly.

It is also found that many lesbians’ feminists consider that even though symbolic equality is provided by same sex marriage, yet marriage is considered by them as undesirable goal. It is further revealed that feminists consider marriage makes women a different citizen than men. According to feminists’ approach, women body and sexuality are controlled by marriage institution. Thus, marriage denies equal status to a woman. Paternity can control women and thus inequality is spread. In this regard, civil partnership to mixed marriage only further spreads inequality between men and women. Marriage is considered an economic disadvantage for women. Feminists assume that inequality barriers are found for women in their political and economic life through marriage. Marriage contract is thus criticised by feminists as marriage makes women dependent on men. Feminists also criticised racial assumptions related to marriage.

Critiques offered by feminists to marriage are important for same sex marriage too. It is found that same sex relationship is primarily driven by men and thus men did not identify formal equality sought by feminists. This argument shows that even though same sex marriage may provide some benefits to lesbian women, still, it is found that gay men are more interested to seek marriage for wealth protection. This argument by feminists shows that they do not rely on same sex civil partnership or marriage as an institution.

Another reason to criticise same sex marriage by feminists is that movement of same sex marriage is not grown from England. Such a push was introduced from the United States. Further, it is found that equality for women in the UK is limited. Actual legal consequences of marriage or civil partnership are not known clearly and this also becomes a base to criticise laws passed by the UK government.

Feminist critiques to law are offered due to these reasons as well. Same sex relationship legal recognition is criticised and opposed by feminists because law is opaque in terms and impact. Many groups are now proposed to be included in law that deflected specific needs of gay and lesbian’s people. It is also found that many political manoeuvres cause people to be confused about what legislation is going to do. Legal wordings are also opaque and act length makes it cumbersome to understand. These reasons are extended by feminists to criticise decisions of court. It is also found that when heterosexual couples tried to include themselves in civil partnership, still people do not understand that civil partnership is same as marriage. Moreover, it is found that same sex relationship is not primarily focused by feminists. Feminists criticise legislation passed for mixed civil right because they recognize that gainers are mostly men from this legislation. On other hand, women are losers because they earn less than men. Feminists criticise legislation because aligning same sex with opposite sexes causes detrimental impact on lesbians and gays. Welfare burden of state is reduced when same sex couples are included into family net.

Another reason feminist offer against mixed civil partnership is they do not want to live with a male partner. This is one of key aspect of feminism and therefore, mixed civil partnership is protested. Research also affirms earlier findings that feminist movement or feminist approach is against marriage as institution. It claims that marriage is only a tool to exploit females and bring more inequality to them. Such findings show that feminists also dislike heterosexual bonding through mixed civil partnership.

Conclusion