Humanist marriage: Legal chief challenges ruling
A bride-to-be’s fight for legal recognition of her humanist marriage is “evidentially undercooked”, the attorney general has argued.
John Larkin QC told the Northern Ireland Court of Appeal that Laura Lacole would suffer no discrimination under the current law.
On 9 June, she won legal recognition for her humanist marriage.
It followed a landmark legal battle.
Until now, humanist weddings were not recognised by law in Northern Ireland, so couples were also required to have a separate civil marriage ceremony.
The same situation applies in England and Wales, but not in Scotland or the Republic of Ireland.
However, the judge ruled that this unlawfully denied them equality with religious couples.
He ordered the granting of temporary authorisation for a British Humanist Association (BHA) celebrant to perform a legally valid and binding wedding ceremony.
But Northern Ireland’s attorney general and its Department of Finance are both seeking to reverse the High Court judge’s ruling.
Mr Larkin has backed submissions on behalf of the Stormont department that the case was too significant to rush.
“It’s a hugely important issue which has all kinds of ramifications,” Mr Larkin told the court sitting in Belfast on Monday.
He argued that no breach of the European Convention on Human Rights had occurred in a case where the 2003 Marriage Order includes provisions for the solemnisation of civil marriage.
He said this should satisfy all that the couple hopes for in their ceremony.
“This case is evidentially undercooked in indicating the gap between what is potentially on offer and what they are trying to get,” he said.
Ms Lacole, who is also vice-chair of Atheist NI, claims she is being discriminated against under the convention’s protection for freedom of belief.
She issued judicial review proceedings against the General Register Office (GRO) for not authorising the marriage.
Her action was also directed at Stormont’s alleged failure to introduce legislation to allow a legally binding wedding event.
Tony McGleenan QC, for the department, contended that any interference with Ms Lacole’s rights was minimal and justified.
He said that the legislature should be given a chance to explore the complexities involved.
“This is not an area where our assembly has yet been asked to express a view, there isn’t even a policy,” Mr McGleenan pointed out.
The appeal continues.
Source: BBC News – Northern Ireland