UK Parliament / Open data

Marriage (Same Sex Couples) Bill

We have had a robust and impassioned debate on a subject about which people feel very strongly. I must make it clear from the start that it is not, and continues not to be, the objective of this Bill to extend marriage to belief groups, which is, to all intents and purposes, what many of the amendments in this group would do. I do, however, join other Members in paying tribute to the hon. Member for Stretford and Urmston (Kate Green), who is representing the Opposition on these proposals, because she spoke with passion and eloquence about the importance of humanist ceremonies in celebrating marriage.

The hon. Lady is right to say that for many people who undertake such ceremonies, they can be an important way of marking and celebrating such an event, but it is important to make the point that neither is this the time nor is the Bill the place to make the sorts of changes she is advocating, unless she wants to risk the objective of the Bill, which is to extend marriage to same-sex couples.

Humanists can already marry, but same-sex couples cannot, and that is the unfairness that the Bill is designed to remove.

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I shall have to disappoint my hon. Friend the Member for Cambridge (Dr Huppert) by saying that I think is some principled opposition to the amendments in this group. Indeed, my hon. Friend the Member for Banbury (Sir Tony Baldry) stated some strong and principled objections. The Government’s argument, which I will set out, also contains principled objections.

New clause 15, new schedule 1 and amendments 19, 20 and 21 are intended to enable humanists, but no other belief organisation, to conduct legally recognised marriages in ceremonies according to their beliefs. That is not a simple change but a fundamental shift in the system of regulation that safeguards the institution of marriage. The amendments would create a manifestly unfair and inequitable position that was vulnerable to legal challenge—a point that the Attorney-General made eloquently in his interventions. They would also undermine the quadruple lock in the Bill designed to protect religious organisations that do not want to conduct same-sex marriages, as my hon. Friend the Member for Banbury pointed out.

The amendments would create a new route to marriage—a two-tiered system—and we simply cannot support them. They would unravel the foundations of marriage law and require the introduction of a celebrant-based system for marriage, instead of the current buildings-based system. There would be far-reaching consequences to making such a fundamental change. For example, a move away from a premises-based system to a celebrant-based one would mean that any organisation that successfully applied could hold marriages wherever it wished. In Scotland, where there is a celebrant-based system, members of organisations that we in England and Wales would not traditionally associate with undertaking marriage have been given the authority to do so. Hon. Members have already mentioned the White Eagle Lodge, pagans and the Spiritualists’ National Union, which have been able to conduct marriages. It is entirely up to the authorities in Scotland to enable that to happen, but the House must understand that that would be the potential outcome if the amendments were incorporated into the Bill.

The hon. Member for Luton North (Kelvin Hopkins) made several important points about Scots law, the Council of Europe and whether there would be an issue for Scotland. Scots law is not incompatible with the ECHR, as other belief organisations can conduct legal marriages. That is our point, and in a way he has proved my point for me: the amendments would not enable that, that is why they would leave the Bill in a very difficult position.

Type
Proceeding contribution
Reference
563 cc1115-6 
Session
2013-14
Chamber / Committee
House of Commons chamber
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