Tag Archive | "European Court of Human Rights"

British Lawyer Says Churches Will Be Forced to Perform Same-Sex Marriages under New Law

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LONDON, UNITED KINGDOM – A prominent British barrister says that rulings in favor of marriage equality by the European Court of Human Rights and the Court of Appeal mean that British churches will soon be compelled to perform same-sex marriages, despite promises to the contrary by Prime Minister David Cameron.

Cameron’s government issued a consultation document last month that said a marriage equality law will “make no changes to religious marriages.” The document said that church marriages “will continue to only be legally possible between a man and a woman.”

Neil Addison, the director of the Thomas More Legal Centre in London, which represents religious and social conservative organizations in court, says this isn’t the case. “The Government will be obliged to permit same-sex marriage on religious premises on exactly the same basis as it permits heterosexual marriage,” said Addison.

“Certainly a good legal case can be made that any place or person who is registered to perform marriage must be willing to perform same-sex marriage on the same basis as they conduct heterosexual marriage since, in law, there will be no difference between the two,” he added.

Addison pointed to the recent decision in a European Court of Human Rights case involving two French lesbians which found that, although no country has an obligation to legalize marriage equality, once such a law is passed, the state must apply it equally to all citizens.

“Churches which perform heterosexual marriages will have to be willing to perform same-sex marriages and they will have no legal grounds to resist since the courts have determined that the ‘orthodox Christian view of marriage’ is not a ‘core’ part of Christian belief,” Addison noted.

European Court of Human Rights: Gay Marriage is Not a Human Right

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STRASBOURG, FRANCE – The European Court of Human Rights ruled last week that its member states are not required to grant access to marriage to same-sex couples.

The judges were deciding upon the case of two gay women who are registered in France under a civil partnership. The couple argued that their status prevents them from adopting a child as a couple.

The women, Valerie Gas and Nathalie Dubois, were asking the court to establish their marriage rights under European anti-discrimination laws.

Among other rights the women were petitioning for Gas to be allowed to adopt Dubois’s 11 year-old daughter.

But the judges said there had been no discrimination. “The European Convention on Human Rights does not require member states’ governments to grant same-sex couples access to marriage,” the court ruled.

“With regard to married couples, the court considers that in view of the social, personal, and legal consequences of marriage, the applicants’ legal situation could not be said to be comparable to that of married couples,” they added.

But the judges noted the importance of parity in all instances: “Where national legislation recognizes registered partnerships between samesex, member states should aim to ensure that their legal status and their rights and obligations are equivalent to those of heterosexual couples in a similar situation.”

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