Scientologist loses High Court bid to get married in 'church' chapel as judge rules it is not a place of worship
- Louisa Hodkin, 24, lost her appeal to be allowed to marry Alessandro Calcioli
- The pair want to wed at Scientology's UK base in central London
- Miss Hodkin had argued that she was a victim of 'religious discrimination'
- But a precedent set in 1970 saw judges uphold the ban on the marriage
- The pair could now take their case to the Supreme Court
By STEVE NOLAN
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Defeat: Louisa Hodkin lost her High Court battle to marry in a Scientologist church
A bride-to-be has lost her fight to marry in a Scientology 'church' after High Court judges ruled that it is not a legal place to wed.
Louisa Hodkin had battled to overturn a refusal by the registrar general of births, deaths and marriages in England and Wales to register the chapel for the solemnisation of marriages on the grounds that it was not 'a place of meeting for religious worship'.
The 24-year-old had wanted to wed fellow Scientologist fiance Alessandro Calcioli in a chapel at the church's London base in Queen Victoria Street, central London.
She had argued that the decision not to allow her to hold a ceremony there was unlawful religious discrimination.
But Mr Justice Ouseley backed the registrar's decision and dismissed her case.
The judge was backed today by Communities Secretary Eric Pickles who welcomed the decision.
The court had been told at an earlier hearing that the chapel would have to be legally certified as a meeting place for religious worship to enable a marriage to take place there.
Miss Hodkin's lawyer Lord Lester of Herne Hill QC said that the bride-to-be's brother David had been married in a religious ceremony at a Church of Scientology in Edinburgh, Scotland, in 2007 and that she and her fiance had wanted a similar ceremony.
But a casework manager for the registrar general said such a wedding could not be recognised because of the 1970 case of Segerdal in the Court of Appeal.
Judges in that case ruled that another Scientology chapel was not a meeting place for religious worship because its services involved 'instructions in the tenets of a philosophy concerned with man' and were not concerned with religious worship.
Mr Justice Ouseley said today that he felt bound by that Court of Appeal ruling.
He said in a written ruling: 'In my judgment there has been no significant change in the beliefs of Scientologists or in their services since (that) decision.'
'(That ruling), in the absence of a significant change in the way Scientologists worship, still binds me to hold that they do not worship.'
But he said the issue should be analysed by the Supreme Court - the highest court in the UK.
Miss Hodkins and Mr Calcioli, both volunteers at the church, had appealed the decision to block the wedding in July last year.
The case was of particular importance to the Church of Scientology and its followers as several similar cases have been turned down in court in the past.
Engaged: Louisa Hodkin pictured with her fiance Alessandro Calcioli
The case was of particular importance to the Church of Scientology and its followers as several similar cases have been turned down in court in the past.
Miss Hodkin argued that the 1970 ruling should not be binding on any court because Scientologist beliefs and services had evolved during the past 42 years.
Support: Communities Secretary Eric Pickles backed the High Court ruling
She said services were 'ones of religious worship' and likened Scientology to Buddhism and Jainism.
But she said after the case that she was pleased that the Supreme Court may take a different view of her case.
She said: 'I knew I would have to be strong and patient given the current law.
'I am delighted that the court has granted me the opportunity to ask the Supreme Court to hear my case.
'I hope that the court allows me to marry in my own church, surrounded by my family and friends, which means everything to me.'
Her solicitor, Paul Hewitt, who works for law firm Withers, said: 'It has always felt wrong that, simply because she is a member of the Church of Scientology, Louisa has been denied the right given to Christians, Muslims, Buddhists, Jains and other faiths to have a legal marriage ceremony in accordance with her own religious beliefs and in her own church.'
He added: 'Louisa is determined to see the process through to achieve this basic right.'
Communities Secretary Eric Pickles said the Church of Scientology might have been entitled to 'tax breaks' - because of rules governing places of public worship - had a decision gone in its favour.
He welcomed Mr Justice Ouseley’s ruling and said taxpayers would not want 'such a controversial organisation' to get 'special' treatment.
Believers: Actors John Travolta, left, and Tom Cruise, right, are both followers of Scientology
Officials at the Department for Communities and Local Government said places of public worship could be exempted from paying business tax rates.
And Mr Pickles, Conservative MP for Brentwood and Ongar, added: 'I welcome this ruling. Tolerance and freedom of expression are important British values, but this does not mean that the likes of Church of Scientology deserve favoured tax treatment.
He said the Church of Scientology was not a registered charity and went on: 'The majority of the public would not want their own council to be giving special tax breaks to such a controversial organisation.'
Scientology is a controversial religious belief system that teaches that people are immortal beings who have forgotten their true nature.
Famous Scientologists include actors Tom Cruise and John Travolta.
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Scientology Follower Denied Right To Marry In Chapel Of Her Church's Religion
PA/The Huffington Post | Posted: 19/12/2012 12:49 GMT | Updated: 19/12/2012 12:51 GMT
A Scientology follower has lost a High Court fight for the right to marry in a chapel of her Church's religion.
Louisa Hodkin had challenged a refusal by the registrar general of births, deaths and marriages in England and Wales to register the chapel for the solemnisation of marriages on the grounds that it was not "a place of meeting for religious worship".
Ms Hodkin wants to marry a fellow Scientologist at the church's chapel on the ground floor of its premises in Queen Victoria Street, central London.
Her lawyers argued she was the victim of unlawful religious discrimination.
But on Wednesday, Justice Ouseley backed the registrar's decision and dismissed the challenge, following a High Court hearing in London.
Justice Ouseley had been told, at a hearing in London in October, that, under Section 2 of the Places of Worship Registration Act 1855, the chapel had to be certified as a meeting place for religious worship to enable legally recognised religious marriages to take place.
Ms Hodkin and her fiance had challenged the legality of the registrar general's refusal to certify the London chapel for weddings in July last year.
The case is of general importance as Scientologists have previously unsuccessfully applied for certification at other premises in England they have claimed are for "religious worship".
Lord Lester of Herne Hill QC, appearing for Hodkin and the Church of Scientology Religious Education College, said Miss Hodkin's brother, David, was married in a religious ceremony at a Church of Scientology in Edinburgh, Scotland, in 2007.
He said Ms Hodkin and her fiance wanted to similarly celebrate their marriage through a legally recognised Scientology wedding in London, surrounded by their families and fellow church volunteers.
But a casework manager for the registrar general said such a wedding could not be recognised because of the 1970 case of "Segerdal" in the Court of Appeal.
Judges in that case ruled that another Scientology chapel was not a meeting place for religious worship because its services involved "instructions in the tenets of a philosophy concerned with man" and were not concerned with religious worship.
Justice Ouseley said that he felt bound by that Court of Appeal ruling.
But he said the issue should be analysed by the Supreme Court - the highest court in the UK.
Scientologist's wedding bid heads to Supreme Court
Lawyers for a Scientologist woman confirmed yesterday they will pursue to England's Supreme Court her bid to be allowed a religious wedding at the group's London premises in what could be a landmark hearing.
Alessandro Calcioli and Lousa Hodkin: delayed wedding bells
The move follows a High Court ruling upholding a decision by England’s Registrar General of Births, Deaths and Marriages to refuse to register a Scientology chapel in the UK capital for weddings.
Hollywood adherents
Scientology – which boasts several high profile adherents, including Hollywood stars Tom Cruise, John Travolta and Kirstie Alley – is not recognised as a religion in the UK, France and Germany, although it is afforded that status in the US, Australia and several continental European jurisdictions.
Paul Hewitt, a contentious trust and succession partner at London-based international law firm Withers, confirmed his client – 24-year-old Louisa Hodkin, who is engaged to fellow Scientologist Alessandro Calcioli – was granted leave to leap-frog the Court of Appeal and take the case direct to England’s highest court. ‘The timetable depends on the court’s caseload,’ he said, ‘but we hope there will not be too great a delay given Louisa has already been waiting more than three years to be married.’
Hollywood adherents
Scientology – which boasts several high profile adherents, including Hollywood stars Tom Cruise, John Travolta and Kirstie Alley – is not recognised as a religion in the UK, France and Germany, although it is afforded that status in the US, Australia and several continental European jurisdictions.
Paul Hewitt, a contentious trust and succession partner at London-based international law firm Withers, confirmed his client – 24-year-old Louisa Hodkin, who is engaged to fellow Scientologist Alessandro Calcioli – was granted leave to leap-frog the Court of Appeal and take the case direct to England’s highest court. ‘The timetable depends on the court’s caseload,’ he said, ‘but we hope there will not be too great a delay given Louisa has already been waiting more than three years to be married.’
Definition of worship
In yesterday’s High Court ruling, Mr Justice Ouseley ruled he was bound by a 1970 Appeal Court judgment, which dictated that a building can only be registered to conduct religious marriages if it is also registered as a place of meeting for religious worship under legislation dating back to 1855.
But in rejecting Ms Hodkin’s application, the judge suggested that the 40-year precedent might be susceptible to review. ‘I regard the definition of worship [in the earlier judgment] as being problematic,’ said the judge in his ruling. ‘It may be that now a different approach to “religious worship” from that ... would and should be adopted.’ He went on to say that he ‘would have concluded that Scientologists worship’, but for the conclusion of the Court of Appeal in the 1970 case.
Commenting on the ruling, Mr Hewitt said: ‘The judge said that Scientology is a religion, and our case is that Louisa ought therefore to be able to have a religious marriage.’
Anomalous approach
Following the hearing, Ms Hodkin’s lawyers flagged up a range of anomalies in the UK’s approach to Scientology. In 2007, the General Register Office in Scotland approved a Scientologist to conduct marriage ceremonies in that jurisdiction as a religious minister.
Likewise, Mr Hewitt confirmed a report in The Times newspaper pointing out that Britain’s Ministry of Defence recognises Scientology as a religion in the Royal Navy, and the Crown Prosecution Service of England and Wales treats Scientology as a religion for the purposes of the Racial and Religious Hatred Act 2006.
Scientology was founded in the early 1950s by US writer and author L Ron Hubbard.
In yesterday’s High Court ruling, Mr Justice Ouseley ruled he was bound by a 1970 Appeal Court judgment, which dictated that a building can only be registered to conduct religious marriages if it is also registered as a place of meeting for religious worship under legislation dating back to 1855.
But in rejecting Ms Hodkin’s application, the judge suggested that the 40-year precedent might be susceptible to review. ‘I regard the definition of worship [in the earlier judgment] as being problematic,’ said the judge in his ruling. ‘It may be that now a different approach to “religious worship” from that ... would and should be adopted.’ He went on to say that he ‘would have concluded that Scientologists worship’, but for the conclusion of the Court of Appeal in the 1970 case.
Commenting on the ruling, Mr Hewitt said: ‘The judge said that Scientology is a religion, and our case is that Louisa ought therefore to be able to have a religious marriage.’
Anomalous approach
Following the hearing, Ms Hodkin’s lawyers flagged up a range of anomalies in the UK’s approach to Scientology. In 2007, the General Register Office in Scotland approved a Scientologist to conduct marriage ceremonies in that jurisdiction as a religious minister.
Likewise, Mr Hewitt confirmed a report in The Times newspaper pointing out that Britain’s Ministry of Defence recognises Scientology as a religion in the Royal Navy, and the Crown Prosecution Service of England and Wales treats Scientology as a religion for the purposes of the Racial and Religious Hatred Act 2006.
Scientology was founded in the early 1950s by US writer and author L Ron Hubbard.
