Protected characteristics: marriage and civil partnership

In the Equality Act 2010, marriage and civil partnership applies to someone who is legally married or in a civil partnership, including between a same-sex couple. It is unlawful to discriminate against someone because they are married or in a civil partnership.

This protected characteristic does not receive the full range of protections as with other protected characteristics (Royal College of Nursing, 2023). The act does not, for example, grant protection against discrimination by perception or association.

There is no protection from discrimination if a person is cohabiting, widowed or divorced. However, harassment related to civil partnership might be considered as harassment related to sexual orientation in some cases (Advisory, Conciliation and Arbitration Service, 2019).