Harrison & Ors, R (On the Application Of) v Secretary of State for Justice

Harrison & Ors, R (On the Application Of) v Secretary of State for Justice

The court found that the facts fall within the ambit of Article 9 ECHR and that there is a difference in treatment between humanists and religious groups regarding legal recognition of marriage ceremonies. However, the Defendant demonstrated a legitimate aim in addressing the issue as part of a broader reform of...

Source-derived case information.

Parties
Claimants: Kate Harrison and Others; Defendant: Secretary of State for Justice; Interested Party: Lincolnshire County Council; Interested Party: Somerset County Council; Interested Party: Kent County Council
Jurisdiction
England and Wales
Judgment Date
31 July 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Discrimination, Marriage Law, Freedom of Religion or Belief, Article 14 ECHR, Article 9 ECHR
Constitutional Law Human Rights Law Administrative Law Discrimination Marriage Law Freedom of Religion or Belief Article 14 ECHR Article 9 ECHR

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Parties

Kate Harrison and Others

Claimants

Secretary of State for Justice

Defendant

Lincolnshire County Council

Interested Party

Somerset County Council

Interested Party

Kent County Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the failure to provide legal recognition for humanist marriages under English law constitutes unjustified discrimination contrary to Article 14 ECHR, taken with Article 9 ECHR.
  2. 2 Whether the difference in treatment between humanists and religious groups in the context of marriage ceremonies is objectively justifiable.

Ratio Decidendi

The court found that the facts fall within the ambit of Article 9 ECHR and that there is a difference in treatment between humanists and religious groups regarding legal recognition of marriage ceremonies. However, the Defendant demonstrated a legitimate aim in addressing the issue as part of a broader reform of marriage law, and, given the ongoing Law Commission review, a fair balance has been struck at this time. The claim was therefore dismissed.

Court Disposition

Claim dismissed