On Tuesday 11 December, Equalities Minister, Maria Miller, gave a statement to the House of Commons in response to the government's consultation on equal marriage. Below, you can read Ms Miller's full statement.
With permission, Mr Speaker, I would like to make a statement on the Government’s proposals to enable same-sex couples to marry. Copies of the consultation response will be available in the Libraries of both Houses.
Not long ago, talk of marriage as one of the building blocks of society was dismissed by some as out of date. Of course, those of us in this House who have taken a closer interest know that marriage remains something to which most people aspire. Therefore, far from being a peripheral issue, the future of marriage should concern us all.
Today we are setting out how the Government will extend marriage to same-sex couples. The consultation has been the subject of much debate both within and outside the House, and I am immensely grateful to the many hon. Members who have taken time to discuss the proposals with me, adding their voices to the 19 petitions received by the Government and the record 228,000 individuals and organisations who responded to the consultation.
For some, this is a contentious and radical reform, or, indeed, a reform too far. Historical facts, however, show that over the generations marriage has had a long history of evolution. In the 19th century inequalities prevented Catholics, atheists, Quakers and many others from marrying except in the Anglican Church. When that changed, was it accepted without protest? No, I am sure it was not. In the 20th century when the law was changed to recognise married men and married women as equal before law, was that accepted without fierce protest? No. In each century Parliament has acted—sometimes radically—to ensure that marriage reflects our society to keep it relevant and meaningful. Marriage is not static; it has evolved and Parliament has chosen to act over the centuries to make it fairer and more equal.We now face another such moment—another such chance in this new century.
For me, extending marriage to same-sex couples will strengthen, not weaken, that vital institution, and the response I am publishing today makes it clear that we will enable same-sex couples to get married through a civil ceremony. We will also enable religious organisations that wish to conduct same-sex marriages to do so, on a similar opt-in basis to that available for civil partnerships. That is important for the obvious reason that it would be wrong to ban organisations that wish to conduct same-sex marriages from doing so.
I am under no illusions and I am fully aware that the proposals set out today to allow same-sex couples to marry are contentious. I am also clear that there should be complete respect for religious organisations and individual religious leaders who do not wish to marry same-sex couples. The Government must balance the importance of treating all couples equally and fairly with respect for religious organisations’ rights to their beliefs.
We must be fair to same-sex couples and the state should not ban them from such a great institution. Equally, however, we must be fair to people of faith, and the religious protections I will set out will ensure that fairness is at the heart of our proposals. Churches have a right to fight for and articulate their beliefs and to be under no compulsion to conduct same-sex marriages. As the Prime Minister said, we are 100% clear that if any church, synagogue or mosque does not want to conduct a gay marriage it will not—absolutely must not—be forced to hold it.
Part of our response will include a quadruple lock, putting into English law clear and unambiguous protections. I will go into the detail of those locks, but I first want to reiterate comments I made yesterday on Europe. I know that many hon. Members are worried that European courts will force religious organisations to conduct same-sex marriages. The law is complex, but that complexity is absolutely no excuse for misunderstanding the facts. Case law of the European Court of Human Rights, and rights set out in the European convention on human rights, put protection of religious belief in this matter beyond doubt.
The Government’s legal position has confirmed that, with appropriate legislative drafting, the chance of a successful legal challenge through domestic or European courts is negligible. I have therefore asked the Government’s lawyers to ensure that that is the case. Our response sets out clear safeguards—a quadruple lock of measures to protect religious organisations. The Government have always been absolutely clear that no religious organisation will be forced to conduct same-sex marriages. The system of locks will iron-clad the protection in law, adding to the existing protections in European legislation, so that those who do not want to conduct same-sex marriages will never have to.
First, we will write on to the face of the Bill a declaration that no religious organisation, or individual minister, can be forced to marry same-sex couples or to permit that to happen on their premises. Secondly, I will amend the Equality Act 2010 so that no discrimination claims can be brought against religious organisations or individual ministers for refusing to marry a same-sex couple or for refusing to allow their premises to be used for this purpose.
Thirdly, the legislation will make it unlawful for religious organisations or their ministers to marry same-sex couples unless the organisation has expressly opted to do so. As part of this lock, a religious organisation will have to opt in as a whole, and each individual Minister will then have to opt in too. Therefore, if a religious organisation has chosen not to conduct same-sex marriage, none of its Ministers will be able to do so. However, if an organisation has chosen to conduct same-sex marriage, individual Ministers are still under no compulsion to conduct one unless they wish to do so.
Finally, because the Churches of England and Wales have explicitly stated that they do not wish to conduct same-sex marriage, the legislation will explicitly state that it would be illegal for the Churches of England and Wales to marry same-sex couples. That provision recognises and protects the unique and established nature of those Churches. The Church’s canon law will also continue to ban the marriage of same-sex couples. Therefore, even if those institutions wanted to conduct same-sex marriage, it would require a change to primary legislation at a later date and a change to canon law—additional protection that cannot be breached.
It is important to address directly other concerns raised by religious institutions. Other legal cases, including those involving the provision of services such as bed and breakfast or the wearing of religious symbols, have no bearing on the legal situation regarding marriage, because most religious marriage is a commitment made before God—it is at the heart of religious belief. There is clear protection under article 9 of the European convention on human rights and clarity in case law that the European Court of Human Rights considers same-sex marriage to be a matter for each individual member state.
Faith has underpinned British society for centuries, and it is important to me that equality before the law is seen in the same way. The proposals will allow both to co-exist without threat or challenge to the other. People of faith hold views that must be respected. That is why I have been absolutely clear that I would never introduce a Bill that encroaches or threatens religious freedoms. It is with those strongly held views in mind that the proposals presented today have been designed.
I believe the proposals strike the right balance—protecting important religious freedoms while ensuring that same-sex couples have the same freedom to marry as opposite-sex couples. By making marriage available to everyone, we will ensure that it remains a vibrant institution. Our changes will allow more people to make lifelong commitments and enjoy the benefits of an institution that has for centuries lain at the heart of our society.
The full debate, including many questions from LGBTory patrons, can be read here.