Legal summary

June 2023

Ferguson and Others v. the United Kingdom (Communicated case) - 35043/22

Article 12

Revocation of legal recognition of same-sex marriage in Bermuda: communicated

Article 14

Discrimination

Revocation of legal recognition of same-sex marriage in Bermuda: communicated

The United Kingdom has extended both the Convention and the right of individual petition to Bermuda. The applications concern the introduction by the legislature of Bermuda of The Domestic Partnership Act (“DPA”), effective in June 2018, which implemented a comprehensive scheme for domestic partnerships but confined marriage to a union between a man and a woman (section 53). Same-sex marriages had been legally recognised since May 2017 by virtue of a judgment of the Supreme Court of Bermuda. The DPA was successfully challenged by a group of individuals, including three of the eight applicants, before the Supreme Court of Bermuda. That court held that the DPA had violated their Constitutional rights by depriving them of the opportunity to participate in legally recognised same-sex marriages (right to freedom of conscience) and discriminated against them on account of their belief in same-sex marriage. This ruling was upheld on appeal and same-sex marriages resumed in November 2018.

The Attorney General for Bermuda appealed to the Privy Council which, on 14 March 2022, allowed the appeal, holding the DPA was consistent with the United Kingdom’s obligations under the Convention. As a consequence, from that date same sex marriages could no longer take place under Bermudan law.

The first seven applicants complain under Article 12, read alone and together with Article 14 of the Convention, about the revocation of the legal recognition of same-sex marriage in Bermuda by virtue of section 53 of the DPA. All the applicants complain of a violation of their rights under Article 9, read together with Article 14 of the Convention, based on their belief in same-sex marriage and/or their desire to take part in legally recognised rites of marriage in accordance with their faith or philosophical or moral convictions.

Communicated under Article 12 alone and in conjunction with Article 14 of the Convention and Article 9 in conjunction with Article 14 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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