Religious case law round-up
Date
2014
Authors
Pidgeon, R.
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Journal article
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New Zealand Law Journal, 2014; 2014(3):89-91
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Abstract
In the last two years several Courts in Commonwealth jurisdictions have delivered interesting decisions with respect to law and religion. I review some of those decisions and also some factually unusual ones. In February 2014 the United Kingdom Supreme Court heard argument in Khaira v Shergill UKSC 2012/0234 on whether the proceedings unavoidably raised non-justiciable issues of religious belief, doctrine and practice. The application was struck out on the basis of non-justiciability in the Court of Appeal. A reserved decision will be delivered in due course. In New Zealand terms the factual dispute has broad similarities to Khyentse v Hope [2007] 1 NZLR 645 (CA); [2005] 3 NZLR (HC) 501 to which I refer below. Cases are included which are broadly relevant to the religious aspects of the societal and Parliamentary debate prior to the enactment of the Marriage (Definition of Marriage) Amendment Act 2013. The interface of that Act of Parliament with religious doctrine is likely to tax New Zealand Courts and writers for some time (see K Norrie and others "Conscientious objection to creating same-sex unions: an international analysis", (2012) 1 Can JHR 127 as to the extent to which civic officials, including clergy, who normally preside over marriage ceremonies can refuse such participation for religious reasons). That is a topic for another day.
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Copyright 2014 LexisNexis