A couple from London, were told in 2014 that they could not have a civil partnership because they did not meet the legal requirement of being the same sex.
Last week they took their case to the High Court saying they were being discriminated against.
They had said that they wanted to commit to each other in a civil partnership as it focuses on equality and did not carry the patriarchal history and associations on marriage. Further that the current legislation was incompatible with their right to a private and family life.
However Mrs Justice Andrews dismissed their claim for judicial review.
One of the government’s arguments was that now gay couples are able to marry, civil partnerships might be abolished or phased out in the future, and changing the legislation before then would be “costly and complex”.
A spokesman welcomed the ruling saying the current regime of marriage and civil partnership does not disadvantage opposite sex couples.
An appeal is anticipated.