Peers from the Labour, Conservative, and Liberal Democrat parties, from the Crossbenches, and even a bishop spoke in favour of the immediate legal recognition of humanist marriages in England and Wales in the House of Lords today.
During oral questions, the cross-party peers pressed the Government on its reluctance to set out a timescale on giving humanist couples to marry in line with their beliefs. Humanists UK leads the campaign for the legal recognition of humanist marriages and welcomed the calls made by peers. But it expressed its disappointment that the Government did not commit to immediate reform, despite supporting this measure for over ten years while in opposition.
Labour peer Baroness Thornton, a member of the All-Party Parliamentary Humanist Group (APPHG), tabled the question. She asked whether the Government plans to give legal recognition to humanist weddings and said:
‘Not only did this House put humanist marriage in the Equal Marriage Act of 2013 but, in 2020, the High Court ruled that the failure to provide humanist marriages in England and Wales means that “the present law gives rise to discrimination”, and that the Government “could not sit on its hands” and do nothing. Given that the Government know they must act here, given that this is Labour policy, given that it will cost nothing and given that the Church of England has given it its blessing, what is the problem and why can we not get on with it?’
In response, the Government said it needed more time to set out a position and consider the measure in as wide a context as possible because of inconsistencies within the current marriage law. But as highlighted by peers today, legal recognition of humanist marriages does not have to wait for wholesale reform and can happen now through an Order-making power under the Marriage (Same-Sex Couples) Act 2013.
Liberal Democrat peer Baroness Burt, Vice-Chair of the APPHG said:
‘My Lords, “the Liberal Democrats clearly support this change; the Labour Party supports this change; the Government in Wales support this change; the Government in Scotland support this change; and, as we have heard from the noble Lord, Lord Pickles, it is ultimately going to be a political decision, so why are the Government waiting for the Law Commission’s report?” These are not my words but the words of the Minister himself… The Law Commission has now reported, as he knows. Will he answer now his own question? When will this happen?’
Wholesale marriage reform as proposed by the Law Commission review in 2022 also proves controversial, as pointed out by the Bishop of Sheffield, who stated his Church’s support for humanist marriages but opposition to the wider reforms:
‘On these [i.e. the bishops’] Benches we would welcome humanist wedding ceremonies being given legal status, but the recommendations of the Law Commission go beyond that and would create a free market celebrant-based approach to the wedding industry… Such a move could undermine the solemn nature of marriage, which is never a trivial transaction. Given this unlikely alliance between the Lords Spiritual and Humanists UK, can the Minister confirm that the Government will not enact the recommendations of the Law Commission without considering carefully the impact of a further commercialisation of weddings?’
Conservative peer and APPHG Member Lord Dobbs said:
‘It is Labour policy; it is law in Scotland, Northern Ireland and Jersey; and we have been looking at it for ever. Why the delay? Why do the Government have to look at this yet again, when in opposition they were very clear about it? When they have looked at it, what is the timescale? When will the Minister bring the Government’s view back to this House, so that we can deal with something positive?’
Crossbench peers Lord Desai and Lord Meston also spoke in support.
Humanists UK Director of Public Affairs and Policy Richy Thompson commented:
‘Today’s debate had peers from across the political spectrum speak in favour of humanist marriages, and this demonstrates the strength of feeling within Parliament that the law must change without further delay. We hope that the Government will think again, and make good on its promise in opposition to make use of the Order-making power now.’
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 0203 675 0959.
Read the Hansard of the debate.
Read more about our work on legal recognition of humanist marriages.
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 previousGovernment did not issue its response before the General Election was called.
In 2020, six humanist couples took a legal case to the High Court. They argued that they were discriminated against by the fact that religious marriages are legally recognised but humanist marriages are not. The judge in the case agreed, ruling that ‘the present law gives rise to… discrimination’. She also ruled that, in light of that, the Secretary of State for Justice ‘cannot… simply sit on his hands’ and do nothing.
Humanists UK is the national charity working on behalf of non-religious people. Powered by over 120,000 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.