The House of Commons Justice Committee has written to the UK Government, urging it to fast-track legal recognition of humanist marriages in England and Wales ahead of wider marriage law reform. It has criticised further delay as ‘particularly disappointing given that four separate consultations have already taken place over the span of the last 12 years’ and said ‘the rationale for another consultation is unclear.’
Humanists UK has welcomed the Justice Committee’s call and urged the Government to consider such an approach. It would mean that the thousands of couples who already have a humanist wedding each year will be able to have that be their legal ceremony, rather than having to have an unwanted, second, civil marriage to get legal recognition. This comes with extra costs and inconvenience and leads to confusion among family and friends about which marriage is their ‘real’ one.
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. And yet no recognition has followed in the five years since.
Earlier this month the Government finally committed to humanist marriage recognition but following yet another consultation and years more delay. Humanists UK believes it should extend interim recognition now, using its powers to do so under the 2013 Marriage Act.
In the letter, Andy Slaughter MP, Chair of the Justice Select Committee, wrote:
[I]t is disappointing to learn that the Government considers a further consultation necessary, and that any resulting legislation will only be brought forward ‘when parliamentary time allows’.
Your response notes the need to “build consensus on the remaining policy details”. This is particularly disappointing given that four separate consultations have already taken place over the span of the last 12 years.
…[T]he majority of respondents to the Government’s 2014 consultation on Marriages by Non-Religious Belief Organisations supported legal recognition of Humanist ceremonies. Against this backdrop, the rationale for another consultation is unclear.
The Marriage Act 2013 provides the Secretary of State with the power to make provision, by order, permitting marriages according to the usages of belief organisations. In September 2022, the then Government declined to exercise this power, citing the need to consider the recommendations of the Law Commission’s “Weddings” report in full. Humanists UK rightly recognise that any bill would take years to be implemented and have recently urged the Government to fast-track legal recognition. There is precedent for this approach: Scotland legally recognised humanist marriages in 2005 on an interim basis before being put on a statutory footing in 2014 and the previous Government fast-tracked outdoor civil marriage recognition in 2021.
The latest letter marks the second time that the Justice Committee has pressed the Government over humanist marriages. The Joint Committee on Human Rights has done likewise, as have MPs and peers in debates in both Houses.
Humanists UK Director of Public Affairs and Policy Richy Thompson commented:
‘We welcome the Justice Select Committee’s ongoing work holding the Government to account on humanist marriages. Andy Slaughter is right: the Government should recognise humanist marriages now, and let wholesale reform follow. This approach has worked well in Scotland and Northern Ireland.
‘Otherwise thousands of couples continue to be let down, and discriminated against, over something the Government has already accepted it needs to do anyway. Please Government: don’t disappoint them.’
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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 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.
In England and Wales, however, humanist couples must have an unwanted additional civil ceremony for their marriage to be legally recognised. A change in law has been under constant Government review since 2013. The Marriage Act gave the Government the power to enact legal recognition of humanist marriages by Order – which would take as little time as 90 minutes in each the House of Commons and House of Lords. 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, which published its report in July 2022. The previous Government did not issue its response before the General Election was called.
Labour supported legal recognition of humanist marriages by Order since 2014 while in opposition. But now in power, the new government said it needed more time to set out a position while it considered the Law Commission’s proposals. It has now responded and said it will consult on its proposals in 2026 before introducing legislation to reform marriage law when parliamentary time allows.
Read the Law Commission’s review on Marriage Law and the Government’s response to it.
Humanists UK is the national charity working on behalf of non-religious people. Powered by over 150,000 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.