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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Steinfeld & Anor v The Secretary of State for Education  EWHC 128 (Admin) (29 January 2016)
Cite as:  WLR(D) 64,  HRLR 8,  1 FLR 1034,  Fam Law 296,  4 WLR 41,  EWHC 128 (Admin),  4 All ER 421,  2 FCR 606
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| (1) REBECCA HANNAH STEINFELD
(2) CHARLES ROBIN KEIDAN
|- and -
|THE SECRETARY OF STATE FOR EDUCATION
Mr Daniel Squires (instructed by The Government Legal Department) for the Defendant
Hearing dates: 19 and 20 January 2016
Crown Copyright ©
Mrs Justice Andrews:
The two public consultations
Is there an infringement falling within the ambit of Art 8?
"Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status".
There is no dispute that discrimination on grounds of sexual orientation falls within that prohibition.
Is the difference in treatment on grounds of sexual orientation objectively and legally justified?
"In cases in which the margin of appreciation afforded to States is narrow, as is the position where there is a different in treatment based on sex or sexual orientation, the principle of proportionality does not merely require the measure chosen to be suitable in principle for achievement of the aim sought. It must also be shown that it was necessary, in order to achieve that aim, to exclude certain categories of people… from the scope of application of the provisions at issue…"