It will then address the various commentators, who have argued for the legitimacy and fairness of the distinction and then highlight invaluable opposing arguments against these justifications. The nature of the distinction between marriage and civil partnerships is based upon legislation. The Civil Partnership Act (CPA) is nearly identical to the Matrimonial Causes Act (MCA) despite a few missing statutory provisions. Firstly both Acts allow couples to create permanent legally recognised relationships. However the institution of marriage is solely open to opposite-sex couples while civil partnerships are solely open to same-sex couples