Wednesday, September 21, 2011

Dictum of the day, or on the days past

Once upon a time it might have been difficult to apply those words to a same sex relationship because both in law and in reality the roles of the husband and wife were so different and those differences were defined by their genders. That is no longer the case. The law now differentiates between husband and wife in only a very few and unimportant respects. Husbands and wives decide for themselves who will go out to work and who will do the homework and child care. Mostly each does some of each. The roles are inter-changeable. There is thus no difficulty in applying the term 'marriage-like' to same sex relationships.

Ghaidan v. Godin-Mendoza [2004] UKHL 30 (21 June 2004), Hale J., para. 144. 

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