Judges Rule Against Lesbian Relationship (Press, 15 December 1984)

On 15 December 1984, Britain's Appeal Court ruled that homosexual couples living together cannot be legally considered married. This decision arose from an appeal made by 37-year-old Mary Simpson, who sought to retain her residence in a state-supported low-income housing unit that she shared with her deceased partner, Nicki Rodrigo, who passed away in February of that year. The judges, including Sir Terence Watkins, denied Simpson’s appeal to remain in the home, which had been rented by Rodrigo. The ruling drew attention to the fact that British housing laws allow only widows or widowers to inherit the leases of council houses rented by their spouses. Sir Watkins expressed skepticism about public opinion's acceptance of homosexual partnerships equating to heterosexual unions, stating, “It would be surprising in the extreme to learn that public opinion is such today that it would recognise a homosexual union as being akin to the state of living together as man and wife.” Simpson's lawyer, Robir Allen, argued that Simpson and Rodrigo had a committed relationship, having lived together for three years, with Rodrigo taking on a traditionally male role in their partnership. Allen asserted that Simpson should be granted widow status based on their stable relationship, which was recognised in their community. Following the ruling, an emotional Simpson expressed her frustration, describing the decision as “extremely unfair to gay people, especially to lesbians,” and indicated plans to pursue changes in the law. The judges declined to allow Simpson to appeal to the House of Lords, though they did issue a three-week postponement of the eviction to provide time for her lawyers to seek permission for such an appeal. Sir Anthony Ewbank, the other judge involved in the ruling, concurred with Sir Watkins, reinforcing the position that an essential aspect of being considered husband and wife involves a male and a female partnership. While homosexuality between consenting adult males was decriminalised in Britain in 1967 and there has never been a legal offence against lesbianism, groups advocating for homosexual rights have frequently highlighted ongoing discrimination faced by the community.

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