A British court
refused to recognize the Canadian same-sex marriage
of two lesbian university professors Monday, ruling that
marriage has long been accepted in Great Britain as a
union between a man and a woman.
Sue Wilkinson,
49, and Celia Kitzinger, 52, wed in Vancouver, Canada, in
2003 and had asked London's high court for legal recognition
of the marriage. They argued that their relationship
was like that of any other married couple and that by
calling it a civil partnership Britain had violated
their human rights.
Mark Potter,
president of the high court's family division, ruled there
is a "long-standing definition and acceptance" that marriage
refers to a relationship between a man and a woman that
is primarily intended to raise children. "To
accord a same-sex relationship the title and status of
marriage would be to fly in the face of the [European]
Convention [on Human Rights] as well as to fail to recognize
physical reality," Potter said. However, Potter said lasting
single-sex relationships are "in no way inferior" to
relationships between a man and woman.
"We are deeply
disappointed by the judgment, not just for ourselves
but for other gay couples and families," Wilkinson said
after walking from the courtroom, holding Kitzinger's
hand. "It perpetuates discrimination, and it sends out
the message that lesbian and gay marriages are
inferior."
Potter said that
he believes people across England and Europe respect the
concept of marriage and believe it is an important means of
protecting the traditional family unit. "The belief
that this form of relationship is the one which best
encourages stability in a well-regulated society is
not a disreputable or outmoded notion based upon ideas
of exclusivity, marginalization, disapproval, or
discrimination against homosexuals," Potter said.
Wilkinson and
Kitzinger were told by Potter they have the right to
challenge the ruling in Britain's court of appeal. But
Kitzinger said their life's savings have been
exhausted by the court's decision that they must pay
the government's $46,590 in legal costs. "We are
hopeful we will be able to appeal but need help to fund the
cost, which will likely be the same amount again,"
Kitzinger told the Associated Press. "Though we're
disappointed, we are sure there will be a day within
our lifetimes when there will be equality for same-sex
marriage. This judgment will not stand the test of
time."
The Netherlands,
Canada, Belgium, and Spain have legalized same-sex
marriage, while several other European countries have laws
similar to Britain's in which same-sex couples
have the right to form legally binding civil
partnerships, entitling them to most of the same tax and
pension rights as married couples. (AP)
