British Court Rules Sham Marriage Law Creates Religious Discrimination

BBC News today reports that Britain's High Court has ruled a law intended to prevent sham marriages by immigrants desiring to stay in the UK is invalid because it discriminates on the basis of religion. The 2005 law requires most immigrants who are in Britain temporarily to obtain permission from the Home Office to marry. However, there is an exception for those who marry in the Church of England. The court found that there was "no adequate justification" for the marriage regulations to be used to control immigration, and held that the rules are incompatible with human rights law because those marrying within the Church of England are not subject to the same approval requirements as those wed civilly or in another faith. The government had argued that there was no evidence of sham schemes involving the Church of England. The judge has granted the government permission to appeal the decision.