British High Court Recognizes Same-Sex Couples as Family

In a landmark judgment for same-sex couples, Britain’s highest court ruled Thursday that a gay man is entitled to remain in the state-subsidized apartment leased by his dead partner--a right restricted by law to spouses or “family” members.

In a 3-2 ruling, a House of Lords judicial panel said that Martin Fitzpatrick, who lived with John Thompson for more than 20 years in a monogamous relationship, was entitled to take over the lease of an apartment that was in Thompson’s name.

Giving the majority judgment, Lord Justice Donald Nicholls said a man and woman living together in a stable and permanent sexual relationship, but not married, can be regarded as a “family” under Britain’s Rent Act.

“There can be no rational or other basis on which the like conclusion can be withheld from a similarly stable and permanent sexual relationship between two men or between two women,” the judge said.

Fitzpatrick, a former member of the Royal Navy, and Thompson, a silversmith, met in 1969 and in 1976 moved into the apartment, which was leased in Thompson’s name. Thompson suffered brain damage in 1985 and was cared for by Fitzpatrick. He died in 1994.

The Court of Appeal ruled in 1997 that Fitzpatrick could not take over the lease because the Rent Act did not apply to same-sex couples. Fitzpatrick’s lawyers argued that he had the right to stay either as a “spouse” or a “family member.”

“I only wish that it had not taken so long and that John was alive today to share this event with me,” Fitzpatrick, who is in his mid-40s, told reporters.