British gays want marriage recognition

LONDON --Two women asking Britain to recognize their Canadian same-sex marriage argued in court Tuesday that their relationship is like that of any other married couple and calling it a civil partnership violated their human rights.

Sue Wilkinson and Celia Kitzinger, both university professors, married in Vancouver in 2003. They went before the High Court aiming to set a precedent that could force Britain to recognize same-sex marriages performed abroad as legal unions.

They argue that the British law which recognizes their union as a "civil partnership" and not a marriage is a violation of their human rights.

"Their marriage displays the same characteristics as any other marriage -- love, warmth, affection, interdependence and support for each other," lawyer Karon Monaghan argued before Judge Mark Potter. "But for the fact that the marriage was between partners of the same sex, the marriage would be recognized as valid in England."

Wilkinson and Kitzinger, who have been together for 16 years, exchanged vows during a ceremony in Canada, where same-sex marriages are legal. Last year, Britain enacted the Civil Partnerships Bill, which gives same-sex couples the right to form legally binding partnerships and entitling them to most of the same tax and pension rights married couples possess.

When the bill became law, Wilkinson and Kitzinger's Canadian marriage was termed a civil partnership, which Monaghan argued was "downgraded" and a "lesser substitute."

"The petitioner and her wife do not seek a special new form of recognition. They seek only recognition of their lawful marriage -- marriage being a universally socially understood institution," Monaghan said. "They have modest aspirations, and that is simply that their marriage ... is recognized the same way as everyone else's."

Britain's attorney-general and Lord Chancellor -- the country's senior legal figure -- are opposing the motion. The case is scheduled to last three days, with a decision expected in July.

The Netherlands, Canada, Belgium and Spain have legalized same-sex marriage, while several other European countries have laws similar to Britain's. In the United States, only the state of Massachusetts allows gay marriage, while Vermont and Connecticut permit civil unions.

In court Tuesday, there were few specifics to back up the women's claim that not recognizing their partnership as a marriage violated human-rights legislation guaranteeing a right to a fulfilling family and private life.

But their written argument, which was submitted to the court, said "laws which prohibit persons from marrying those with whom they enjoy adult and intimate love ... are utterly antithetical to human rights values and respect for human dignity."

"How would we feel if the government told a black couple who married abroad that their marriage is not valid because of their race, but they offered them the second-best option? We'd call that apartheid," said Peter Tatchell, an outspoken gay rights activist and founder of Outrage!