Gay Today: World

Britain's House of Lords
Grapples with Housing Rights

Compiled by GayToday

London--A House of Lords judgment is expected Thursday, October 28, that may give housing rights to same sex couples.

The case concerns the rights of partners to succeed to a tenancy upon the death of a partner.

The appellant is Martin Fitzpatrick who lived with his partner, John, for over 25 years. For nearly twenty of those years they lived together in John's flat. After an accident John became paralyzed and for 9 years Martin provided 24-hour care for his partner.

When John died, at the end of 1994, the landlords Sterling Housing Association, asked Martin to leave, claiming that the law provided no protection for gay or lesbian partners.

In his long struggle to remain in his tenancy Mr. Fitzpatrick has been represented by his solicitor Will Rolt now practicing at Wood & Awdry. The appeal to the House of Lords follows a hearing in the Court of Appeal, which ruled against Mr. Fitzpatrick.

However, in a dissenting judgement, Lord Justice Ward held that a same sex couple could be considered as a 'family' within the definition in the Rent Act 1977 or alternatively could be considered to be living together as 'husband and wife'.

In coming to this conclusion Lord Justice Ward said, "Since families are dynamic, the statutory interpretation must equally reflect the motive forces, physical or moral, affecting behavior and change in domestic organization".

All three judges in the Court of Appeal also called on Parliament to change the law.

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The House of Lords will decide whether same sex couples can be considered to be a family in law and whether references in legislation to common law heterosexual partners can be read to include same sex partners.

Speaking of his case Martin Fitzpatrick said:

" John was my only partner and we enjoyed a very close, loving and monogamous relationship. I lost the person I cared for more than any other. I do not think that I should now have to fight for my home".

Will Rolt his solicitor said:

"Martin has had five years of uncertainty and stress. He is a man of integrity and dedication and a great inspiration to us all. On the eve of the introduction of the human rights act, I hope the House of Lords will take the initiative and find in favor of Martin and against discrimination"

Speaking of the wider implications of the case Angela Mason, Executive Director of Stonewall said,

" Mr. Fitzpatrick's case shows how harsh and unjust the law in this country can be. Many European countries now recognize same sex partners. It is high time that our laws change with the times and give equal protection to same sex couples.