Section 23 — Equality Act 2010: Comparison by reference to circumstances

Comparison by reference to circumstances 23 1 On a comparison of cases for the purposes of section 13, 14, 19 or 19A there must be no material difference between the circumstances relating to each case.

2 The circumstances relating to a case include a person's abilities if—

a on a comparison for the purposes of section 13, the protected characteristic is disability;

b on a comparison for the purposes of section 14, one of the protected characteristics in the combination is disability.

3 If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is a civil partner while another is married ... is not a material difference between the circumstances relating to each case.

4 If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is married to , or the civil partner of, a person of the same sex while another is married to , or the civil partner of, a person of the opposite sex is not a material difference between the circumstances relating to each case.