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Equal marriage in Ireland – again
In a further post in Human Rights in Ireland, Fiona de Londras points out that the Irish Constitutional Convention ought to have completed its work before the Irish Supreme Court hands down its...
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The ECtHR and transsexual “same-sex” marriage
Does a signatory to the ECHR have the right under the Convention to refuse to change the official documentation of a transsexual? The issue came up very recently in H v Finland 37359/09 HEJUD [2012]...
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Human rights in Canada and statutory bans on polygamy
Introduction One of the arguments advanced against the Marriage (Same Sex Couples) Bill, notably by Lord Carey of Clifton, has been that it would set a “dangerous precedent” that could lead to sibling...
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Forced marriage outlawed in England and Wales
On 16 June, sections 120 and 121 of the Anti-social Behaviour, Crime and Policing Act 2014 relating to forced marriage in England and Wales came into force under the Anti-social Behaviour, Crime and...
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Transsexuals and marriage: Hämäläinen v Finland
The facts Heli Hämäläinen, a Finnish national born in 1963, was born a male and married in 1996. She and her wife had a child in 2002 and in 2009 Ms Hämäläinen underwent male-to-female gender...
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Religion and law round-up – 26th July
Parliament is in recess and cathedral choirs have begun their summer tours. Nevertheless there are plenty “quick links” as a respite from… Laudato si’… … which is apparently having a negative impact on...
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Non-recognition of same-sex couples breaches Article 8: Oliari & Ors v Italy
The Fourth Section ECtHR has held unanimously that the fact that under Italian law same-sex couples are unable to marry or enter into any other type of legally-recognised civil union violates Article...
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Northern Ireland and same-sex marriage: the story continues
Though same-sex marriage is legal in England, Wales and Scotland, there is no such provision in Northern Ireland and, as we have mentioned before, moves to institute it have been blocked consistently...
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Law and religion round-up – 13th December
Marriage law, pay inequality, street preaching, charity funding, Trinity Western again – and a little jazz… Marriage Registration Certificates On Monday there was a Westminster Hall debate on marriage...
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The ECtHR, France and same-sex marriage: Chapin & Charpentier
The background In May 2004, Mr Chapin and Mr Charpentier submitted a marriage application to the civil registry department of Bègles municipal council. The civil registrar published the notice of...
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Law and religion round-up – 15th January
The usual mix of the newsworthy, the obscure and the faintly ridiculous… Historic abuse in Northern Ireland… The final report of the Historical Institutional Abuse Inquiry has been submitted to the...
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Conservative religious views, parental access, the ECHR – and blogging: A v...
In a rather unusual case, Dingemans J has had to consider whether the moral attitudes – as revealed by his blog posts – of a father who was estranged from the mother of his son supported the Family...
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Same-sex marriage, civil partnership and the Austrian Constitutional Court
Readers will no doubt remember the outcome of Schalk and Kopf v Austria [2010] ECHR 1996, in which the ECtHR ruled that there was no right under the Convention for same-sex couples to marry. It held...
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Same-sex marriage in Northern Ireland again: Close
And here’s one I should have made much earlier… In a brief judgment in Close & Ors, Re Judicial Review [2017] NIQB 79, delivered in August, O’Hara J dismissed a challenge to Article 6 of the...
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Law and religion round-up – 11th March
IICSA begins hearings on the Church of England, Ireland clears the way for a referendum on abortion and the President of the Supreme Court tackles the vexed question of niqabs in court. Lady Hale on...
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The State and Marriage III: Objections to the Cutting of the Connection
In a third guest post, Daniel Hill, Senior Lecturer in the Department of Philosophy at the University of Liverpool, responds to comments on his two previous posts. In what follows I have a go at...
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Akhter: legal consequences of an unregistered nikah ceremony
The background In Akhter v Khan [2018] EWFC 54, the couple had had a nikah ceremony in 1998 but had not registered the marriage under civil law. They had four children together. The petitioner, Nasreen...
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Adoption and race discrimination: Mander
We previously posted a brief note on the case of Sandeep and Reena Mander, based on press reports; however, the full judgment in Mander & Anor v Royal Borough of Windsor & Maidenhead & Anor...
View ArticleIs the coronavirus ban on weddings lawful?
In a guest post, Neil Addison questions the legality of the current ban on weddings. The coronavirus pandemic has bought most aspects of normal life to an end in the UK. Most of the restrictions have...
View ArticleLaw and religion round-up – 9th January
“20 + C + M + B + 22 Chalk marks over doors are not new work by Banksy. Neither do they mark a plague house: Covid Mingling Billet…” Bishop of Norwich … although some readers might remember this as...
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