Probert, Rebecca (2005) Same-sex couples and the marriage model. Feminist Legal Studies, Vol.13 (No.1). pp. 135-143. doi:10.1007/s10691-005-1460-7 ISSN 0966-3622.

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Abstract

In Ghaidan v. Godin-Mendoza [2004] U.K.H.L. 30, the U.K. House of Lords upheld the right of a man to succeed to the tenancy of his deceased same-sex partner as if he had been the husband or wife of the deceased. This note examines the five judgements delivered by the court and considers the implications of the decision. It argues that, within the context of family law, Mendoza was a welcome decision but an evolutionary dead-end. The case signals a more promising approach to the development of human rights, but the appropriate use and scope of s.3 of the Human Rights Act 1998 remain somewhat unclear.

Item Type:	Journal Article
Subjects:	K Law [LC] > KD England and Wales
Divisions:	Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH):	Gay couples -- Legal status, laws, etc. -- England, Gay couples -- Legal status, laws, etc. -- Wales, Civil unions -- Law and legislation -- England, Civil unions -- Law and legislation -- Wales, Real property -- England, Real property -- Wales
Journal or Publication Title:	Feminist Legal Studies
Publisher:	Springer Netherlands
ISSN:	0966-3622
Official Date:	2005
Dates:	Date Event 2005 Published
Volume:	Vol.13
Number:	No.1
Page Range:	pp. 135-143
DOI:	10.1007/s10691-005-1460-7
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access

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