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22-Dec-2014 08:40

Prohibition of same-sex marriages was also included in the marriage legislation of Scotland and Northern Ireland.

The Marriage Act (Scotland) 1977 and the Marriage Order (Northern Ireland) 2003 both state there is a legal impediment to marriage if the parties are of the same sex.

In 1680, Arabella Hunt married "James Howard"; in 1682 the marriage was annulled on the ground that Howard was in fact Amy Poulter, a 'perfect woman in all her parts', and two women could not validly marry. Hyde and Woodmansee (a case of polygamy), Lord Penzance's judgment began "Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others." In Talbot (otherwise Poyntz) v.

Talbot in 1967, the prohibition was held to extend where one spouse was a post-operative transsexual, with Mr Justice Ormerod stating "Marriage is a relationship which depends on sex, not on gender".

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At common law a marriage between persons of the same sex was void ab initio.On 26 August 2003, Celia Kitzinger and Sue Wilkinson, both British university professors, legally married in British Columbia, Canada.Of the fourteen British Overseas Territories, same-sex marriage has been legal in Akrotiri and Dhekelia (for UK military personnel) since 3 June 2014, the Pitcairn Islands since and the British Antarctic Territory since 13 October 2016.Of the three Crown dependencies, same-sex marriage has been legal in the the Isle of Man since 22 July 2016.

In 2004 the Civil Partnership Act was passed and came into effect in December 2005.It created civil partnerships, which gave same-sex couples who entered into them the same rights and responsibilities of marriage.



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