Humanists UK today is celebrating the ten year anniversary of the Marriage (Same-Sex Couples) Act, which received Royal Assent on 17 July 2013. The Act’s primary aim was to allow for marriages of same-sex couples in England and Wales. It came into force the following year. But the anniversary is bittersweet, because it also gave the UK Government the power to legally recognise humanist marriages by Order – and here it has since failed to act.
Humanists UK was a leading voice in the campaign for same-sex marriage. It instigated and helped found the Coalition for Equal Marriage, the key coalition of groups that worked to secure the Bill. As a result of these efforts, Humanists UK was one of the two organisations – alongside Stonewall – thanked in the final debate on the Bill in the House of Lords.
Humanists UK Director of Public Affairs and Policy Richy Thompson commented:
‘Sitting in the gallery of the House of Lords ten years ago, I was delighted to be part of the passing of the Same-Sex Marriage Act. It was major progress for same-sex couples and for UK society as a whole, and I am proud of Humanists UK’s involvement in achieving this.
‘Yet this anniversary is also bittersweet. Ten years on, humanist couples are still waiting for legal recognition of their personal ceremonies reflecting their deepest held beliefs and values. The Act allowed the Government to recognise these marriages whenever it chooses, but it has since failed to act, instead subjecting the matter to review after review.’
Humanist marriages: reform still needed
The case for legal recognition of humanist marriages is clear. In 2020, six humanist couples took a legal case on the basis of discrimination to the High Court. In her judgment, Mrs Justice Eady found that the lack of legal recognition is discriminatory. She said that the Secretary of State ‘cannot simply… sit on his hands’ and do nothing to resolve the matter. However, she said, given that the Government was currently giving the matter consideration in the form of a wholesale review into marriage law by the Law Commission – which it said was the desirable way forward – the Government’s refusal to act immediately could be justified ‘at this time’. Since then, however, the review and its outcome have continued to be delayed. In the meantime, the Government has carried out interim marriage reform while continuously overlooking humanist marriages.
In April, Sandi Toksvig and Stephen Fry led a joint letter from LGBT people and organisations saying that humanist marriages are an LGBT rights issue. This, they said, is because two-thirds of lesbian, gay, and bisexual people are non-religious, and few religious groups offer same-sex marriages. Humanist celebrants always offer same-sex marriages – having done so for decades – and the first two same-sex marriages in Scotland were both humanist.
To commemorate the anniversary, Humanists UK delivered hundreds of handwritten wedding invitations to the Justice Secretary ‘cordially inviting’ him ‘to afford couples freedom of choice and legally recognise humanist marriages in England and Wales’. The invites were filled in by Humanists UK members including many who want humanist marriages themselves, all highlighting the personal significance of such a move for the senders.
At the delivery, Humanists UK was joined by Peter McGraith and David Cabreza, the first same-sex couple in England and Wales to legally marry, just after midnight on 29 March 2014. Asked about the significance of the campaign, Peter McGraith said:
‘As a Scot living in England, I am well aware that all couples marrying in Scotland have the option of a legally recognised humanist marriage ceremony. And it is worth noting that humanist marriage ceremonies in Scotland are a more popular option than any other religion or belief group. I myself would have chosen a humanist ceremony if that had been available.’
Notes:
For further comment or information, media should contact Humanists UK Director of Public Affairs and Policy Richy Thompson at press@humanists.uk or phone 020 7324 3072 or 020 3675 0959.
The wedding invitation campaign marked the ten year anniversary of the passing of an amendment on 8 July to the Marriage (Same Ses Couples) Act 2013 to grant the Government an Order making power to legally recognise humanist marriages. The ten year anniversary of the Act receiving Royal Assent is on 17 July 2023.
Read more about our work on humanist marriages.
Read more about the High Court judgment.
Read the Law Commission’s review on Marriage Law.
Humanist weddings are non-religious wedding ceremonies that are fully customised to match the deepest-held values and beliefs of the couple getting married. They are conducted by a humanist celebrant, someone guaranteed to share their beliefs. In consultation with the couple the celebrant produces a completely bespoke script. The ceremony also occurs in whatever location is most meaningful for the couple. Humanists UK has more than 300 trained and accredited wedding celebrants.
Humanist marriages gained legal recognition in Scotland in 2005 and in 2019 there were more humanist than Christian marriages for the first time (23% of the total). In the Republic of Ireland, humanist marriages gained legal recognition in 2012. In 2019 around 9% of legally recognised marriages were humanist. That places the Humanist Association of Ireland only behind the Catholic Church and civil marriages. They gained legal recognition in Northern Ireland in 2018, following a Court of Appeal ruling that concluded that a failure to do so would be a breach of human rights. Jersey also gave legal recognition to humanist marriages in 2019 and in 2021 Guernsey followed suit.
Legal recognition in England and Wales has been under constant Government review since 2013. The Marriage Act gave the Government the power to enact legal recognition of humanist marriages without needing a new Act. But in the years since, the Government has not done this. Instead the matter has been reviewed three times, most recently by the Law Commission, who published their report in July 2022. The Government is currently due to respond.
Humanists UK is the national charity working on behalf of non-religious people. Powered by 110,000 members and supporters, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. We provide ceremonies, pastoral care, education, and support services benefitting over a million people every year and our campaigns advance humanist thinking on ethical issues, human rights, and equal treatment for all.