The European Court of Human Rights is proceeding with a challenge to the ban on same-sex marriage in the British territory of Bermuda. It has always held that there is no right to marriage for same-sex couples that would oblige States to legislate for it.

Marriage had been redefined in Bermuda to accommodate same-sex couples but a change of government in July 2017 resulted in legislation that confined marriage to that between a man and woman. In the Bermudian courts, the legislation was found to be contrary to Bermuda’s constitution. However, the UK’s judicial committee of the privy council (JCPC) – the ultimate court of appeal for Bermuda and dozens of other British overseas territories – overturned the decision.

A number of applicants have now sought remedy in the European Court of Human Rights. Among other things, they argue that the revocation of same-sex marriage distinguishes the case from past case law in which it has been held (in 2010 and 2016) that there is no right to the introduction of same-sex marriage.