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British Gay Partners Win Landmark Ruling
by Peter Moore
365Gay.com Newscenter
London Bureau
Posted: June 23, 2004 2:16 pm ET
(London) In a stunning victory for same-sex couples in Britain the highest judicial body in the country has ruled that gay partners have the same rights as heterosexual couples.
In settling a long-running legal battle, the House of Lords rejected an appeal by a landlord who claimed a gay man could not inherit the tenancy rights of his partner after he died.
Citing the Human Rights Act, four of the five Law Lords ruled that a gay couple had the same legal rights as a married couple.
"Homosexual relationships can have exactly the same qualities of intimacy, stability and inter-dependence that heterosexual relationships do," said Baroness Hale writing for the majority.
Lady Hale said she had no difficulty in applying the term "as husband and wife" to persons of the same sex living together in a stable relationship.
The case centered on a relationship between Antonio Mendoza and Hugh Wallwyn-James, who shared a London apartment for 19 years.
Wallwyn-James died from cancer in 2001 and the landlord served notice on Mendoza that the lease was no longer valid and that he would have to move so the unit could be rented. Mendoza filed suit claiming that he should have the same tenancy rights as a partner of the opposite sex.
Lady Hale, in her ruling, said it was not long ago that it was considered acceptable for a landlady offering rooms to lawfully put a "no blacks" notice in her window. This was now considered wrong because the sex or color of a person was "simply irrelevant".
She said the guarantee of equal treatment was "essential to democracy".
The government has already promised to change the law to give same-sex couples the legal rights and responsibilities of their married counterparts.
The Civil Partnership Bill introduced last year will allow gay and lesbian couples to sign an official document at a register office in front of the registrar and two witnesses. Couples who register will have new legal status as civil partners. (story)
©365Gay.com® 2004
by Peter Moore
365Gay.com Newscenter
London Bureau
Posted: June 23, 2004 2:16 pm ET
(London) In a stunning victory for same-sex couples in Britain the highest judicial body in the country has ruled that gay partners have the same rights as heterosexual couples.
In settling a long-running legal battle, the House of Lords rejected an appeal by a landlord who claimed a gay man could not inherit the tenancy rights of his partner after he died.
Citing the Human Rights Act, four of the five Law Lords ruled that a gay couple had the same legal rights as a married couple.
"Homosexual relationships can have exactly the same qualities of intimacy, stability and inter-dependence that heterosexual relationships do," said Baroness Hale writing for the majority.
Lady Hale said she had no difficulty in applying the term "as husband and wife" to persons of the same sex living together in a stable relationship.
The case centered on a relationship between Antonio Mendoza and Hugh Wallwyn-James, who shared a London apartment for 19 years.
Wallwyn-James died from cancer in 2001 and the landlord served notice on Mendoza that the lease was no longer valid and that he would have to move so the unit could be rented. Mendoza filed suit claiming that he should have the same tenancy rights as a partner of the opposite sex.
Lady Hale, in her ruling, said it was not long ago that it was considered acceptable for a landlady offering rooms to lawfully put a "no blacks" notice in her window. This was now considered wrong because the sex or color of a person was "simply irrelevant".
She said the guarantee of equal treatment was "essential to democracy".
The government has already promised to change the law to give same-sex couples the legal rights and responsibilities of their married counterparts.
The Civil Partnership Bill introduced last year will allow gay and lesbian couples to sign an official document at a register office in front of the registrar and two witnesses. Couples who register will have new legal status as civil partners. (story)
©365Gay.com® 2004
