Wilkinson v Kitzinger & Ors [2006] EWHC 2022 (Fam) (31 July 2006)

Wilkinson v Kitzinger & Ors [2006] EWHC 2022 (Fam) (31 July 2006)

English law does not recognise same-sex marriages as valid marriages; the relevant statutory provisions are clear and consistent with the current interpretation of the European Convention on Human Rights, which does not require member states to recognise same-sex marriages. The Civil Partnership Act 2004 provides equivalent rights to same-sex couples, and any change to the definition of marriage is a matter for Parliament, not the courts.

Citation
[2006] EWHC 2022 (Fam)
Parties
Petitioner: Susan Wilkinson; First Respondent: Celia Kitzinger; Second Respondent: Her Majesty's Attorney-General; Intervener: The Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
31 July 2006
Procedural Posture
Family Law Declaration of Marital Status / High Court Judgment
Outcome
Petition dismissed
Legal Topics
Recognition of Foreign Same Sex Marriage, Civil Partnership Act 2004, Matrimonial Causes Act 1973, Human Rights Act 1998, European Convention on Human Rights, Discrimination Based on Sexual Orientation
Family Law Human Rights Law Conflict of Laws Recognition of Foreign Same Sex Marriage Civil Partnership Act 2004 Matrimonial Causes Act 1973 Human Rights Act 1998 European Convention on Human Rights +1 more

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Parties

Susan Wilkinson

Petitioner

Celia Kitzinger

First Respondent

Her Majesty's Attorney-General

Second Respondent

The Lord Chancellor

Intervener

Procedural Posture

Family Law Declaration of Marital Status / High Court Judgment

Legal Issues

  1. 1 Whether a same-sex marriage lawfully contracted in Canada is valid as a marriage under English law
  2. 2 Whether non-recognition of such marriage violates Articles 8, 12, and 14 of the European Convention on Human Rights
  3. 3 Whether the Matrimonial Causes Act 1973 and Civil Partnership Act 2004 are incompatible with Convention rights

Ratio Decidendi

English law does not recognise same-sex marriages as valid marriages; the relevant statutory provisions are clear and consistent with the current interpretation of the European Convention on Human Rights, which does not require member states to recognise same-sex marriages. The Civil Partnership Act 2004 provides equivalent rights to same-sex couples, and any change to the definition of marriage is a matter for Parliament, not the courts.

Court Disposition

Petition dismissed

Orders

  • Declaration that the Canadian same-sex marriage is not valid as a marriage under English law
  • No declaration of incompatibility made under the Human Rights Act 1998