ICLR: Baroness Hale Lecture 2007


Baroness Hale of Richmond		Lecture Transcript
		EQUALITY IN EQUAL MEASURE The Sixth Annual Law Reports Lecture The Incorporated Council of Law Reporting for England and Wales presented their sixth annual Law Reports lecture on Monday 18th June 2007, entitled ‘Same Sex Relationships and the House of Lords’ by the Rt Hon Baroness Hale of Richmond DBE, PC. Lady Hale captivated the audience with her arguments focusing on the parental rights of gay and lesbian couples. Drawing on her experiences from a case she had ruled on last year, Lady Hale delved into our current legal system questioning why lesbian partners do not have the same rights as heterosexual couples in cases of artificial insemination. Lady Hale referred to a case that she had previously ruled on in which a lesbian couple’s custody dispute resulted in the biological mother moving the children away, despite a court order being in place for the shared up-bringing of the girls. It was suggested that in such instances both the genetic mother and her partner should be referred to as the ‘mothers’ of the children, and treated in the same manor as opposite-sex couples. Lady Hale went onto state that “only when people can be open about themselves and their relationships without fear or shame - will true equality have arrived.” “Baroness Hale of Richmond suggested that the present law was discriminatory and in breach of the European Convention on Human Rights.”1
The lecture was not only interesting and informative but also encouraged the audience to look at whether equal opportunities really are present in our modern society. After the lecture light refreshments were enjoyed on the terrace over looking Lincoln’s Inn fields, where the lively atmosphere buzzed with conversation. Members of the broad sheet press were present to report on the lecture, read the Telegraph article If you would like any further information on the event or a transcript from the evening please do not hesitate to contact us on 020 7242 6471 or email Louise.Carlin@iclr.co.uk
The Incorporated Council of Law Reporting for England and Wales publishes The Law Reports, The Weekly Law Reports, The Industrial Cases Reports and The Business Law Reports, the first new series in fifty years and the only series to be offered both online and in print simultaneously to subscribers. Download Lecture Transcript as a PDF if you would like the document posted to you then please email: Louise.Carlin@iclr.co.uk 1. Gibb, Frances (19th June 2007), Legal Editor, The Times

Lecture Summary

Lady Hale will be discussing three recent cases in the House of Lords dealing with same sex relationships. In Ghaidan v Godin-Mendoza [2004] 2 AC 91, the majority of the Law Lords were prepared to equate unmarried same sex couples with unmarried opposite sex couples for the purpose of succession to Rent Act tenancies. In M v Secretary of State for Work and Pensions [2006] 2 AC 91, however, the majority were not prepared to equate unmarried same sex couples with unmarried opposite sex couples for the purpose of the Child Support scheme. In Re G (Children)(Residence: Same Sex Partner) [2006] 1 WLR 2305, the House did not expressly equate a same sex couple who had embarked upon having children together the children’s parents, but held that the principles governing disputes about matters such as residence and contact were the same. Can these cases be explained by the different contexts in which they arose or do they suggest a continuing reluctance to give equal recognition to same sex relationships?

The Great Hall of Lincoln's Inn Details of last years' lecture