Humanist Marriage Case: Dismissed for now
On Friday 31st July 2020, the landmark High Court challenge to legally recognise Humanist marriage was dismissed by Mrs Justice Eady DBE in light of the ongoing Law Commission review.
On 7th and 8th July, six couples, along with Humanists UK, took a case to the High Court attempting to secure legal recognition of Humanist wedding ceremonies in England and Wales. This case was argued on human rights grounds, with the key argument being that non-religious belief systems – in this case Humanists – should have parity with religious belief systems.
The Judge found that the present law does give rise to discrimination, but concluded that non-immediate rectification of this discrimination can be justified due to the ongoing Law Commission review into the marriage laws of England and Wales. Justice Eady stated in her conclusion that although there is “a difference of treatment,” there is a “legitimate aim in seeking to address differences in treatment as part of a wholesale reform of the law of marriage… The claim is therefore dismissed.”
This ruling places the focus back on the wider review into the marriage laws of England and Wales. In 2021 the Law Commission is due to make recommendations to Government that allow for greater choice for marrying couples within a simple, fair and consistent legal structure. Any recommendations it makes could potentially pave the way for legally binding weddings being conducted by Independent Celebrants – not just Humanist Celebrants – and for greater flexibility when it comes to how and where couples may marry, including at outdoor venues that are currently unlicensed.
For more information on the the ongoing Law Commission review, see our article: Outdoor Wedding Laws: Has anything changed?
