Not The Marrying Kind: A Feminist Critique of Same-Sex by Nicola Barker (auth.)

By Nicola Barker (auth.)

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Cretney et al. suggest that though unity was never consistently applied and little of it remains, it is difficult to know how significant that little is (2003, pp. 70–1). On the basis of these remaining vestiges of unity in the form of the legal consequences of marriage, combined with the judicial pronouncements of marriage ideologies discussed below, I would argue that the contemporary version of ‘unity’ is actually an assumption of intimacy, confidence 30 Not the Marrying Kind and interdependence.

238) The comments made by Chief Justice Marshall and Justice LaForme certainly ring true in relation to UK law. As the above discussion of UK cases demonstrates, immediately prior to Wilkinson there was no indication that procreation was central to marriage in the UK. In fact, as far back as 1948, the House of Lords, in a case relating to consummation, held: Again, the insistence on the procreation of children as one of the principal ends, if not the principal end, of marriage requires examination.

No such tally has been attempted in the UK but the length of the Civil Partnership Act (at 429 pages, 30 schedules and 264 sections), which incorporates civil partners into most of the spousal provisions of marriage through amending each individual provision, gives some indication of the amount of law in this area. , 2003, p. 69). It is not, then, my intention to describe all of the legal consequences of marriage. Instead, I will focus on a few key provisions that provide some insight into what the essence of marriage and the shape of the marriage model might be.

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