Eleven years of Government inaction on humanist marriages

Today marks 11 years since Parliament created the new category of marriages ‘according to the usages of belief organisations’ which would allow legal recognition of humanist marriages in England and Wales. But since then successive Conservative Governments have failed to act even though it is a simple process that would take as little as 90 minutes before each House. Humanists UK has called for the new Government to act without delay, and has written to the new Lord Chancellor to that effect.

Humanists UK marked last year’s anniversary by delivering 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 and supporters, including many who want a humanist marriage themselves, not only highlighting the personal significance of such a move for the senders, but also drawing attention to the increasing frustration couples feel at having to wait for such a long time.

What are humanist weddings?

Humanist weddings are non-religious ceremonies that are fully customised to the deepest-held values and beliefs of the couple getting married. They are conducted by a humanist celebrant, someone guaranteed to share the beliefs of the couples. 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 in England and Wales, already conducting humanist weddings – but without legal recognition.

Humanist marriages gained legal recognition in Scotland in 2005 and in 2022 there were more humanist marriages than all religious marriages combined. In the Republic of Ireland, humanist marriages gained legal recognition in 2012. In 2023 around 8% of legally recognised marriages were humanist, placing 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, and have been growing similarly quickly in number there. Jersey also gave legal recognition to humanist marriages in 2019 and in 2021 Guernsey followed suit.

Years of delays

The Conservative Governments could have granted legal recognition in England and Wales at any point following a consultation, which the law mandated to be conducted and reported on before the end of 2014. That year the published results showed over 90% of respondents in favour of legal recognition. But instead of acting, the Government subjected the matter to two additional reviews, each broader in scope, meaning humanist couples are still waiting to legally marry in a ceremony meaningful to them eleven years on.

The Labour Party meanwhile pledged to grant legal recognition to humanist marriages in 2014, and repeatedly reconfirmed its commitment since. Humanists UK is calling on the new Government to resolve the issue now.

The case for recognition

In 2020, the High Court found the lack of legal recognition of humanist marriages is discriminatory after six humanist couples brought a legal challenge. In her judgment, Mrs Justice Eady said that the Secretary of State ‘cannot simply… sit on his hands’ and do nothing to resolve the matter. However, given that the Government was giving the matter consideration in the form of a review into marriage law – which it said was the desirable way forward – she said that the Government’s refusal to act immediately could be justified ‘at this time’. However, the review has long since been published, and the Conservative Government never responded to it. In other words, this is an outstanding human rights breach that the new Government needs to resolve.

Data from the 2021 Census also showed that two-thirds of lesbian, gay, and bisexual people are non-religious. In April 2023, Sandi Toksvig and Stephen Fry led a joint letter from LGBT people and organisations establishing humanist marriages are an LGBT rights issue, with only few religious groups offering 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 ceremonies.

Humanists UK Director of Public Affairs and Policy Richy Thompson commented:

‘The legal recognition of humanist marriages is universally popular and would boost the economy and bring England and Wales in line with Scotland and Northern Ireland.

‘We hope that the new Government can see these benefits, and act without further delay.’