Law and religion round-up – 19th March

A week dominated by Brexit, ‘First Minister vs Prime Minister’ and the fall-out from the first judgments of the CJEU on religious manifestation… 

Brexit

As expected, on Monday the Commons rejected the Lords amendments to the European Union (Notification of Withdrawal) Bill, the Lords did not insist on their amendments and the bill passed. So after a total of 70 hours of debate, the EU (Notification of Withdrawal) Bill completed its passage through Parliament and received Royal Assent on Thursday. The BBC reports that the Prime Minister is expected to wait until the end of the month formally to notify the EU of the UK’s intention to leave.

Meanwhile in Scotland… Continue reading

Banns of marriage – their development and future

Introduction

The legal requirement to read banns for couples intending to marry in church services was considered by members of the Church of England General Synod on 14 February 2017. Though Synod rejected moves that sought to end this “ecclesiastical preliminary” to marriage, important arguments were cited both for their retention and for their removal. In this post, we summarize the development and current usage in England and Wales, Scotland and the two jurisdictions in Ireland, and examine possible future directions. Continue reading

Opposite-sex civil partnerships? Steinfeld & Anor in the Court of Appeal

S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. In June 2014 the Coalition Government published the results of its second consultation on the future of civil partnership: Civil Partnership Review (England and Wales) – Report on Conclusions. After considering the responses to that consultation, the Government decided that it would not be making any changes at present.

Rebecca Steinfeld and Charles Keidan were refused permission to register a civil partnership at Chelsea Town Hall registry office and sought a declaration that, as a result of the enactment of the Marriage (Same Sex Couples) Act 2013, the bar in the Civil Partnership Act 2004 on opposite-sex couples registering as civil partners had become incompatible with Article 14 ECHR (discrimination) taken in conjunction with Article 8 (respect for private and family life). Their claim for a declaration of incompatibility was unsuccessful at first instance: see Steinfeld & Anor v The Secretary of State for Education [2016] EWHC 128 (Admin) and Adam Wagner’s very helpful summary on RightsInfo. On appeal, they lost by two to one. Continue reading

Law and religion round-up – 19th February

A week dominated by THAT vote in Synod…

The week in Synod

The Rt Rev David Walker, Bishop of Manchester, prefaced the week with a tweet:

“For half term week the C of E sets up a special holiday club called Synod, where we try to play nicely with all the other girls and boys”.

Whether they did “play nicely” was not easy to discern; Continue reading

Law and religion round-up – 12th February

Short form judgments, bats, child abduction and polygamy… 

Short form judgments

The Master of the Rolls has asked his colleagues in the Court of Appeal to issue shorter judgments where there are no issues of law or principle or of wider general significance and where all the relevant facts are set out in the judgment of the court below and are not disputed in the appeal. A Judicial Office spokesman said that in such cases:

“it may be possible to avoid reciting all the facts, the course of the proceedings and the judgments below, and proceed, after a brief introduction, to a statement of the decision on the principal arguments on the appeal and the outcome of the appeal.” Continue reading

Law and religion round-up – 5th February

Brexit yet again, child abuse, abortion, deposition from Orders – the usual mix…

Brexit yet again

On Friday, the Administrative Court threw out the latest Brexit challenge by a group led by Peter Wilding and Adrian Yalland. They argued that, under the terms of Article 127 of the Agreement on the European Economic Area, Parliament should give separate approval to the UK’s exit from the EEA.

Lloyd-Jones LJ and Lewis J concluded that the Government had not made a decision “as to the mechanism by which the EEA agreement would cease to apply within the UK”. As a result, it was not clear at this stage what issues, if any, would fall within the jurisdiction of the courts. All we have at the moment is press reports: we’ll be interested to see the written judgment.

‘EU Withdrawal Bill’ – Second Reading and White Paper Continue reading