Wilkinson v Kitzinger & Ors

Wilkinson v Kitzinger & Ors

English law, by virtue of the Matrimonial Causes Act 1973 s.11(c) and the common law, does not recognize same-sex marriages as valid marriages. The Civil Partnership Act 2004 provides equivalent legal rights to same-sex couples but does not confer the status or title of marriage. The refusal to recognize a foreign same-sex marriage as a marriage under English law does not violate Articles 8, 12, or 14 of the European Convention on Human Rights as interpreted by the European Court of Human Rights. Any difference in treatment is justified, proportionate, and within the margin of appreciation accorded to the UK. There is no basis for a declaration of incompatibility or for judicial...

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
Petition for Declaration of Marital Status and Declaration of Incompatibility / Judgment at First Instance
Outcome
Petition dismissed
Legal Topics
Recognition of Foreign Same Sex Marriage, Interpretation of Matrimonial Causes Act 1973 S.11(c), Civil Partnership Act 2004, European Convention on Human Rights Articles 8, 12, 14, Declaration of Incompatibility Under Human Rights Act 1998
Family Law Human Rights Law Conflict of Laws Recognition of Foreign Same Sex Marriage Interpretation of Matrimonial Causes Act 1973 S.11(c) Civil Partnership Act 2004 European Convention on Human Rights Articles 8, 12, 14 Declaration of Incompatibility Under Human Rights Act 1998

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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

Petition for Declaration of Marital Status and Declaration of Incompatibility / Judgment at First Instance

Legal Issues

  1. 1 Whether a same-sex marriage lawfully contracted in Canada is valid and recognized as a marriage under English law
  2. 2 Whether the non-recognition of such marriage violates the petitioner's rights under Articles 8, 12, and 14 of the European Convention on Human Rights
  3. 3 Whether the Matrimonial Causes Act 1973 s.11(c) and Civil Partnership Act 2004 are incompatible with the Convention rights

Ratio Decidendi

English law, by virtue of the Matrimonial Causes Act 1973 s.11(c) and the common law, does not recognize same-sex marriages as valid marriages. The Civil Partnership Act 2004 provides equivalent legal rights to same-sex couples but does not confer the status or title of marriage. The refusal to recognize a foreign same-sex marriage as a marriage under English law does not violate Articles 8, 12, or 14 of the European Convention on Human Rights as interpreted by the European Court of Human Rights. Any difference in treatment is justified, proportionate, and within the margin of appreciation accorded to the UK. There is no basis for a declaration of incompatibility or for judicial...

Court Disposition

Petition dismissed