Marriage (same sex couples) act 2013 in the United Kingdom: ensuring equality and prospects for Ukraine

The article provides a comprehensive analysis of the Marriage (Same Sex Couples) Act 2013 in the United Kingdom, which became an important milestone in recognizing equality of rights for all citizens regardless of sexual orientation. The study explores the historical preconditions of its adoption, the main legal provisions, and the social and legal consequences for British society. Particular attention is paid to the legal guarantees ensuring equality in inheritance, adoption, social security, property rights, and medical decision-making, as well as the preservation of the autonomy of religious organizations in deciding whether to conduct same-sex marriage ceremonies. The controversial provision of the «spousal veto», which restricts the legal recognition of gender reassignment, is critically examined. The article also analyzes the current Ukrainian context: the 2023 judgment of the European Court of Human Rights in the case Maymulakhin and Markiv v. Ukraine, the adoption of the EU accession Roadmap providing for the introduction of civil partnerships, and the judicial practice of 2025, which for the first time legally recognized de facto marital relations between same-sex partners. It is emphasized that the lack of legal recognition of same-sex unions in Ukraine creates multiple conflicts in the exercise of the right to family life, inheritance, social protection, child-rearing, and access to medical decision-making, which highlights the need to develop an adequate legislative model. The British experience demonstrates that consistent legal reforms combined with broad public dialogue and the protection of religious freedoms can achieve a balance between the principle of equality and cultural traditions. It is concluded that the introduction of civil partnerships may serve as an important transitional stage for Ukraine on the path toward full recognition of same-sex marriages, while state information and educational policies can reduce social resistance and foster positive attitudes toward reforms. Thus, the analysis of the Marriage (Same Sex Couples) Act 2013 provides not only legal but also socio-cultural guidelines for reforming Ukrainian legislation in accordance with European standards.

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Publication Details

Journal
Legal Ukraine
Published
2025-10-03
DOI
https://doi.org/10.37749/2308-9639-2025-9(273)-8
Primary Topic
Legal Studies and Reforms
Type
article
Field-Weighted Citation Impact
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article

Marriage (same sex couples) act 2013 in the United Kingdom: ensuring equality and prospects for Ukraine

Sokolovska Natalia
Legal Ukraine
Legal Studies and Reforms
article

Marriage (same sex couples) act 2013 in the United Kingdom: ensuring equality and prospects for Ukraine

Sokolovska Natalia
article en

Abstract

The article provides a comprehensive analysis of the Marriage (Same Sex Couples) Act 2013 in the United Kingdom, which became an important milestone in recognizing equality of rights for all citizens regardless of sexual orientation. The study explores the historical preconditions of its adoption, the main legal provisions, and the social and legal consequences for British society. Particular attention is paid to the legal guarantees ensuring equality in inheritance, adoption, social security, property rights, and medical decision-making, as well as the preservation of the autonomy of religious organizations in deciding whether to conduct same-sex marriage ceremonies. The controversial provision of the «spousal veto», which restricts the legal recognition of gender reassignment, is critically examined. The article also analyzes the current Ukrainian context: the 2023 judgment of the European Court of Human Rights in the case Maymulakhin and Markiv v. Ukraine, the adoption of the EU accession Roadmap providing for the introduction of civil partnerships, and the judicial practice of 2025, which for the first time legally recognized de facto marital relations between same-sex partners. It is emphasized that the lack of legal recognition of same-sex unions in Ukraine creates multiple conflicts in the exercise of the right to family life, inheritance, social protection, child-rearing, and access to medical decision-making, which highlights the need to develop an adequate legislative model. The British experience demonstrates that consistent legal reforms combined with broad public dialogue and the protection of religious freedoms can achieve a balance between the principle of equality and cultural traditions. It is concluded that the introduction of civil partnerships may serve as an important transitional stage for Ukraine on the path toward full recognition of same-sex marriages, while state information and educational policies can reduce social resistance and foster positive attitudes toward reforms. Thus, the analysis of the Marriage (Same Sex Couples) Act 2013 provides not only legal but also socio-cultural guidelines for reforming Ukrainian legislation in accordance with European standards.

Legal Ukraine
Openalex Percentile: Top 66%
Legal Studies and Reforms
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