Equality Bill

My Lords, I rise to tidy up another piece of the Bill, following the right reverend Prelate. I very much appreciate his welcome of this amendment, and I also welcome his. The purpose of the amendment is to allow those who give consent to solemnisation of marriage the facility not to solemnise marriages involving those they suspect of having acquired their legal gender under the Gender Recognition Act 2004, without facing a discrimination claim involving gender reassignment under the Bill; and to recognise that the Anglican Church is not the only denomination that solemnises marriage. There is no doubt that the Gender Recognition Act 2004 was a landmark piece of legislation that allowed transsexual people to be finally recognised in their true gender. Since it came into force, well over 2,300 people have taken the opportunity to gain a gender recognition certificate. However, it has to be recognised that this situation might not be accepted by all. Surely it is a sign of a healthy and mature society that we can recognise someone’s true gender while also recognising that some people of faith—who undertake the important duty of solemnising marriage—may not accept that a man or woman can change gender under law, due to their religious convictions. As the right reverend Prelate indicated, this issue was recognised during the passage of the Gender Recognition Act, which amended the Marriage Act 1949, to provide clergy of the Church of England and clerks in the Church in Wales with a clause that releases them from their obligation where they reasonably believe one of the parties is marrying in his or her acquired gender. The right reverend Prelate, in his amendment, rightly recognises that this facility should continue and that the Bill should not put that into any doubt by exposing those who take advantage of it to claims of discrimination. Amendment 58B ensures that celebrants in Scotland and those of other faiths in England and Wales who solemnise marriage should have the same facility. The position of religions other than the Church of England and the Church in Wales also need to be clarified, in case there is doubt that the Bill inadvertently alters their position. The amendment also deals with people who give consent for marriages to be held in particular buildings—registered buildings under the Marriage Act 1949. Marriages cannot be solemnised in a registered building, ""without the consent of the minister or one of the trustees, owners, deacons or managers thereof, or in the case of a registered building of the Catholic Church, without the consent of the officiating minister thereof." This permission is given on an individual basis. When permission is refused because the officiating minister reasonably believes that a party to the marriage has transitioned from one gender to another, the amendment ensures that that would not be unlawful discrimination. The amendments are intended to preserve the status quo, and I hope that they will be supported. I beg to move.