Both women are university professors and married in Vancouver, British Columbia in 2003 shortly after same-sex marriage became legal in the Canadian province.
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Sue Wilkinson and Celia Kitzinger |
For the first two years of their marriage, it had no legal recognition in their home country. When the UK Civil Partnership Act became law in December 2005, however, it was automatically deemed to be a civil partnership.
Any different-sex couple married in Canada would have had their marriage recognised as a marriage from the outset. The couple believe that to treat same-sex couples differently from heterosexual couples in this way is deeply discriminatory.
Kitzinger and Wilkinson subsequently applied to have their marriage recognised for what it is but were refused.
Their legal team will argue in the High Court next week that by not recognising the couple's marriage the government is discriminating against the women and violating their human rights.
"There is no difference in formal, legal or financial terms between marriage and a civil partnership so we are not disadvantaged in that sense," said Wilkinson. "It is the principle that matters."
Although it offers the same rights and responsibilities as marriage "it is not marriage," Kitzinger added.
The case will centre on whether British law breaches the European law by treating gay couples differently to heterosexuals.
Although the case calls specifically for the UK government's recognition of same-sex marriages entered into outside the UK, it has far-reaching implications for lesbian and gay equality and human rights more generally across Europe and further afield.
For up-to-date information on this item see www.equalmarriagerights.org