Civil Partnership

Until the civil partnership law is fully drafted and in force it is still not possible for same-sex couples to secure any legal recognition for their relationship in Jersey.  As a result, they cannot enjoy any legal rights or take on any legal responsibilities for their relationship.  This has an impact on the quality of life of same-sex couples. 

The lack of any legal recognition for same-sex relationships impacts on the following areas:

• Marriage gives otherwise unqualified spouses the right to jointly purchase the family home.  There is no similar mechanism for same-sex couples.

• Where both partners work there is a slight tax disadvantage to being married.  However, where one partner supports the other there is a considerable advantage to being married. 

• Despite the fact that same-sex couples do not receive the same tax benefits as married couples, they are treated as if they are married for social security purposes. 

• Same-sex partners are not always afforded next of kin status in the context of medical treatment. 

• Same-sex couples do not generally receive the same pension benefits as married couples. 

• Same-sex couples do not have the same inheritance rights as married couples. 

• Same-sex couples cannot jointly adopt. 

• There is no obligation of ongoing support when same-sex couples separate. 

• Marriage gives an otherwise unqualified spouse the right to work in Jersey.  There is no similar mechanism for same-sex couples.

 The Trust prepared its own report for the purpose of stimulating and informing public debate on some of the main legal issues. The Trust's report concludes that the current situation whereby only heterosexual couples have the ability to benefit from the numerous legal rights that are associated with marriage is unduly discriminatory. The Trust therefore is extremely pleased that the law has been approved in principle and will monitor the progress of the drafting of the law.

On Tuesday 20th October 2009, the States approved, in principle, the proposal to enable same sex couples to enter into civil partnerships. The vote was 48 in favour and 1 against.

Update -The Trust has been provided with an update by the States of Jersey which indicates that the law drafting regarding civil partnerships should be completed by January 2011. After this the law then has to be reviewed by scrutiny, lodged and then debated. The aim is that the law will hopefully be enacted in early 2012. We will provide any further updates as we become aware of them..

The Civil Parnership Register will remain active until the law is in place for same sex relationships to be recognised in Jersey. The JCRT wish to thank all those who have signed the register, this enabled us to show that:

1. There are gay and lesbian individuals in Jersey wishing to have the legal right to enter into a recognised stable relationship

2. There are gay and lesbian couples who have Civil Partnerships from other countries who are considered single having returned to live in Jersey

3. There are local people who have moved away from Jersey in order to live as a recognised couple

If you fall into any of the three groups above  please sign the Register and help the Trust promote the right to equality when it comes to gay and lesbian relationships.

Thanks must go to all those in the States who supported this issue but also to those who contacted them to ensure that they were up to date with the wishes of those who are directly affected by the lack of such legislation.