My Lords, I support this amendment, to which I have put my name.
It has already been said that the purpose of this clause is very simple and narrow: to amend Section 403 of the Education Act in order to provide statutory protection for schools of religious character by creating an obligation that any guidance issued under the Act must provide for such schools to deliver education about marriage, its importance for family life and the bringing up of children, in accordance with the tenets of the relevant religion or religious denomination. The noble Lord, Lord Lester, asked why we could not just read the legislation in the context of the existing jurisprudence of the European court and be satisfied that everything was protected. The reality is that the jurisprudence of the European court in this context is quite complicated and there are a number of senior QCs who have provided advice to various organisations in connection with this legislation who do not share in totality the noble Lord’s views.
The reason that this amendment is necessary is that Section 403 imposes on schools a twofold duty. Pupils must,
“learn the nature of marriage”
and they must learn,
“its importance for family life and the bringing up of children”.
That is the law as it stands at the present time. Teachers in all schools must do what the law says. They must ensure that the children for whom they are responsible learn about the nature of marriage. That includes both
the legal and the relational definition of marriage; that it is the union of one man and one woman for life to the exclusion of all others. In this situation, teachers will be teaching classes composed of children who, by virtue of circumstances, will sometimes have no experience of marriage or not of marriage in its traditional sense, but of other stable relationships or sometimes of relationships that are totally unstable. All those children must be sensitively provided for.
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I endorse the words of the noble Baroness, Lady Cumberlege, in relation to the impact that the Bill will have. Unless change is made, it will ultimately require schools positively to advocate and commend same-sex marriage. The reason is very simple and has been articulated both by the right reverend Prelate and the noble Baroness. The current guidance is altered by Clause 11 as Clause 11 changes the definition of marriage and hence the content of what must be taught. It is the case, of course, that schools must still teach about the nature of marriage, but that nature has become something different, which is not consistent with the beliefs of a number of Christian denominations and other faiths and some people of no faith.
This amendment could provide the necessary structure within which to protect the right of freedom of religion, thought and conscience and to give effect to the rights of those parents who send their children to faith schools because they believe that their faith will provide their children with a set of values that may inform their lives and, more importantly, because in a faith school they grow up in a context of faith and belief.
This amendment will allow faith schools to teach the newly defined legal nature of marriage. That will of course be proper and in accordance with the school’s obligation to prepare children for life, as required by any future guidance issued by the Secretary of State. However, it will protect schools from having to promote the importance of the newly defined marriage, where the definition is not consistent with the beliefs of the school.
In order to put the matter beyond discussion and to place its repeatedly stated intention on a statutory basis, not just by means of future guidance which can be changed at the discretion of any Minister, it is surely desirable to place this important protection for religious freedom in the legislation. It will not detract from the legal position that marriage will be able in future, if this Bill is passed, to be celebrated by man and woman, man and man or woman and woman. However, it will give some protection against legal uncertainty to those whose belief is that marriage is the union of a man and a woman, and who provide education through a relevant faith school, against any obligation to recommend or advocate same-sex marriage at any stage. It will not enable homophobia. Any such activity is wrong. Instead, it will simply remove any doubt about the ability of schools to teach, and in so doing to promote, a traditional understanding of marriage.
This is a proportionate and necessary amendment to the Bill.