During oral questions in the House of Lords today, Labour, Conservative, Liberal Democrat, and crossbench peers called for the Government to act on legal recognition of humanist marriages. This is the second oral question on the subject asked in the Lords in the last two months.
Humanists UK leads the campaign for the legal recognition of humanist marriages and welcomes the support expressed by peers. It expressed its disappointment that the Government has not yet committed to immediate reform, despite supporting this measure for over ten years while in opposition.
Labour peer Lord Watson summarised the frustration felt by humanist couples across England and Wales when he said ‘Can I put it to [the Minister] that this is an equalities issue, and it offers the Government the chance to extend laws that exist for some UK citizens to all of us?’
Baroness Thornton, a member of the All-Party Parliamentary Humanist Group (APPHG), tabled the question. Labour peer Lord Dubs, also an APPHG member, spoke on her behalf. He asked whether the Government conducted an equality impact assessment following the Harrison judgment. The Government admitted it had not but agreed to do one in the future. An equality impact assessment would allow the Government to establish what groups exactly are negatively impacted by the lack of legal recognition.
The Harrison judgment refers to a legal case that six humanist couples took to the High Court in 2020. 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. But nothing has happened since.
Labour Peer Lord Watts highlighted the need for a commitment to immediate reform when he said ‘My Lords, does the Minister understand the concern on these Benches that the last Government used to use “in due course” to do nothing for long periods, sometimes years? Can the Minister start a different process, and give some indication of when this matter will come back to the Chamber and where the Government will take action?’
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, stressed the importance of legal recognition of humanist marriages for LGBT couples, saying ‘humanists have a long tradition of conducting same-sex wedding ceremonies, with LGBT people much more likely to be non-religious than the population as a whole. Does the Minister agree that such a change in the law would be significant for same-sex couples?’ In response, the Minister agreed that ‘such a change would have a disproportionate benefit for same-sex couples.’
Crossbench peer Lord Cashman highlighted the issues with the current setup when he said ‘“in good time” and “in the round” are just not good enough. There is a gross unfairness in that couples wishing to have a humanist ceremony in England and Wales must also have a civil ceremony, which means additional cost and outlay.’
Conservative peer Lord Dobbs and crossbench peers Lord Birt, Baroness Murphy, and Lord Meston also spoke in support of humanist marriages.
Humanists UK Director of Public Affairs and Policy Richy Thompson commented:
‘For the second time in as many months, peers have demonstrated there is widespread political support for legal recognition of humanist marriages. Their frustration at over ten years of delays was palpable, and they highlighted the many ways in which legal recognition would change the lives of humanist couples across England and Wales. We hope that the Government will reflect on the arguments laid out by peers, 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 summary 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.
Humanists UK is the national charity working on behalf of non-religious people. Powered by over 130,000 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.