We had a few comments from readers regarding my recent post on the Church of England’s views on same-sex marriage, co-written with my colleague Iain McLean. Below are two reader responses, and my replies.     David wrote: ‘that differential treatment of the applicants’ rights fell within the ‘margin of appreciation’ afforded to member states.’ This is crucial factor in assessing the Church of England’s response. The reason for the European Court respecting the margin of appreciation. Judge Malinverni put it clearly: ‘Article 12 is inapplicable to persons of the same sex. Admittedly, in guaranteeing the right to marry, Article 9 of the Charter of Fundamental Rights of the European Union deliberately omitted any reference to men and women, since it …

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