Marriage (Same Sex Couples) Bill

Debate between Baroness Massey of Darwen and Lord Garel-Jones

Wednesday 19th June 2013 Lords Chamber

[Baroness Massey of Darwen]

My Lords, I rise to speak briefly in support of my noble friend’s amendments and of this Bill. The noble and right reverend Lord, Lord Carey, asked noble Lords a few moments ago to listen to the people out there. We live in an increasingly diverse society and are observing shifts in our lifetime from one generation to another. When most of us were young, it was assumed that most people were Christians—or at least claimed to be. Nowadays, among young people at least, the opposite is true, and surveys and polls show that the majority are not religious. Even in the census, which was very conservative, 25% of us said we had no religion. Among the under-50s, more than 40% said so.

There are, of course, those who do not welcome this move away from religion. One consequence is that among young people with no religion—I suspect among older people, too—many nevertheless have strong beliefs and commitments that are not necessarily religious but still provide answers to questions about the importance of relationships, respect for others and moral standpoints. I would maintain that most young people have strong moral commitments at the personal and social level. What for many previous generations was expressed in Christianity, many young people today express in beliefs about respect for each other, the world and future generations.

This is relevant to the amendments that we are debating. These young people, when they marry, often wish to do so in a ceremony that expresses their humanist commitments and beliefs, and their respect for other people. Just as for many religious people the idea of a wedding in a register office is a mere legal formality compared to the vows they make to each other and to God in a church wedding, so for these young humanists it is second best to settle for a civil wedding conducted by a registrar who, regardless of his faith or lack of it, is not allowed by law to give expression to any religious belief, including humanism.

The Bill is about equal marriage. It is also about equal weddings and allowing this growing segment of our population—already growing in size, as my noble friend said—to conduct their own legally recognised weddings within the framework of their own humanist beliefs and commitments. The proposal has wide support. In Scotland, as my noble friend said, humanists conduct more weddings than any religious body apart from the Church of Scotland. A YouGov poll tells us that more than half the population support the proposal, with only 6% strongly opposed and another 6% tending that way. I understand that the Church of England told the British Humanist Association last week that they would not oppose it.

The British Humanist Association was accommodating in drafting the amendments proposed at earlier stages of the Bill and in responding to suggestions made at meetings with government Ministers and officials. The difficulties that were expressed then now seem to have been resolved. The amendment breaks no new ground in being based on an organisation rather than a building: the Jews and Quakers are already in this position. The principal concern expressed by officials at Church House last week to the British Humanist Association was that the public nature of marriage should be preserved. That is something that we can surely all endorse but it does not require a registered building, only that the place intended for the wedding is known and open to all who wish to attend. The amendment specifies “with open doors” and the location for all weddings is already included in the notice of marriage required under the Marriage Act 1949.

The proposal is not for a celebrant-based system; what the amendment says about nominating registering officers is precisely what the law says about non-Anglican churches nominating their clergy as such. There are no implications for the safeguards for religions not wishing to conduct same-sex marriages.

I am told that Bills about marriage come along about once in a generation. Let us not, through excessive caution, allow the injustice of the present system to wait for another generation to be put right.

[Lord Garel-Jones]

My Lords, I support the amendment moved by the noble Lord, Lord Harrison, and the new schedule proposed in Amendment 27A.

Whenever I am asked what my religion is I reply, “I am a Church of England atheist”. I hasten to say that this is not some glib witticism, but a true reflection of my position. I do not believe in God and I am a member of the All-Party Humanist Group. However, the King James Bible, the Cranmer prayer book and Hymns Ancient and Modern are a part of my DNA. Their role in our history and their language are part of what makes our country what it is today. Consequently, when noble Lords talk about traditional marriage, I understand and respect where they are coming from.

I am a little concerned, as was my noble friend Lord Deben, that a number of religious believers in your Lordships’ House may, with the greatest courtesy, have been attempting to load up the Bill. I shall concentrate my remarks on the allegation that this amendment undermines, as it were, the whole basis of the law on marriage. As the law stands, any religion may conduct legally recognised marriages so long as they have use of a registered place of worship. Any sect of any religion that can afford a building can register it as a place of worship, and then re-register it for marriages without any obstacle whatever. In effect, provided you are a religion, you get a bisque.

Putting aside the 11 main Christian denominations—the noble Lord, Lord Harrison, made reference to this—there are almost 4,500 places registered for the solemnisation of marriage by minor Christian groups, and more than 650 by non-Christian groups. Many of these, to put it as kindly as I can, are a little eccentric. The noble Lord, Lord Harrison, referred to the Aetherius Society, which believes that gods from outer space visit the earth in flying saucers—and, yes, the Aetherius Society is registered to perform marriages.

This amendment simply proposes approval for organisations that, unlike religious bodies, which sail through unimpeded, meet a number of serious criteria. The first one in Amendment 22A—it is printed on the Marshalled List so I will not tire the Committee by reading it all out—makes a series of requirements. They must be registered charities of good repute, they must have been established for at least 10 years, the ceremonies must be rooted in their belief, written procedures must exist and so on. In other words, a simple visit from a flying saucer will simply not suffice for the humanist group. A serious list of terms and conditions is set out in the proposed new clause.

On the registration of buildings, to which the noble Baroness has just referred, I think this is a bit of a red herring. Any marriage needs to be preceded by a public notice—either banns in a parish church or a notice under Section 27 of the Marriage Act 1949. The amendment ensures not only that the place is known but that the marriage is to be celebrated under open doors. I believe, therefore, that this objection is without substance. The proposal is organisation-based in the same way that the law already recognises the organisations of Jews and Quakers. I recognise that what we, as humanists, are seeking to do is, as it were, to slipstream in behind the Bill, which I strongly support.

In conclusion, I say with respect that the two main Christian religions in our country are in some danger of falling out of step with civil society. For example, any corporation that made it clear that women were excluded from top positions in its organisation would find itself in court. Consequently, the debate about women bishops now going on in the Church of England raises a few eyebrows in this day and age. Most young married couples are involved in family planning and yet, as I understand it, the Roman Catholic Church continues to regard this as a mortal sin.