Equal Marriage Consultation

Baroness Thornton Excerpts

Tuesday 11th December 2012 Lords Chamber

[Baroness Thornton]

My Lords, I thank the Minister for her Statement and the Government for bringing forward these proposals, which are consistent with the progressive changes that my Government carried through over many years. The Minister can expect our support in carrying forward this enlightened legislation to make it possible for couples who love each other and want to make a long-term commitment to each other to be able to marry regardless of their gender or sexuality. Labour strongly agrees that gay and lesbian couples should have an equal right to marriage. Same-sex couples deserve the same recognition from the state and society as anyone else. I wholeheartedly agree with the Minister that extending marriage to same-sex couples strengthens, not weakens, the institution.

Labour’s introduction of civil partnerships faced some opposition at the time, but much progress has been made in fighting discrimination in the past few years. We need to continue progress on lesbian and gay equality, and same-sex marriage is an important step. Indeed, freedom of religion is also important. No one is proposing that churches should be obliged to hold same-sex marriages. Religious freedom is guaranteed in law and both the Human Rights Act and the European Convention on Human Rights put the protection of religious belief beyond doubt.

Religious marriages are a matter for each church, religious organisation or denomination, not for the Government. We expect the Bill to rule out any church or individual minister being required to perform same-sex marriages and that the protection of religious freedom will be double-locked or double-double-locked, as set out in the Bill. However, freedom of religion also means that we support those churches and faiths that wish to hold same-sex marriage ceremonies in being able to do so, including the Quakers, the Unitarians, Liberal Judaism and Reform Judaism. The Government initially ruled this out in their consultation but, thanks to the campaigns that have been waged, I am happy to see that they have changed their mind and that these provisions may now be included.

Labour’s Front-Bench equalities team has been supportive of permissive legislation which would allow those religious organisations that want it the opportunity to celebrate same-sex marriage ceremonies. This has precedent in Section 6 of the Civil Partnership Act 2004, amended by Section 202 of the Equality Act 2010—now known in this House as the Waheed Alli amendment—which allows religious organisations to host civil partnerships on their premises if they wish.

Some religious leaders have expressed opposition even to proposals for same-sex civil marriage. Although we respect their right to hold such views, we do not agree with them. There was similar opposition to civil partnerships when Labour introduced them seven years ago, yet many people of all faiths now respect and support civil partnerships. I hope that, over time, the Church of England, among others, will take as enlightened a view of this matter and perhaps consider permissive legislation of its own; although I have to say that, after the vote on women bishops, I am not holding my breath.

Labour made huge progress on equality over 13 years in government. As well as introducing civil partnerships, we created an equal age of consent, ended the ban on LGBT people serving in our Armed Forces, increased sentences for hate crimes and outlawed discrimination in goods and services. Between 1997 and 2010, the Labour Government did more for the advancement of lesbian, gay, bisexual and transgender equality than any other Government in British history.

The Minister is correct: marriage is not a static institution. It has, rightly, changed many times over the years to make it relevant to the society it serves. Changes include, for example, the introduction of non-religious, civil marriages in the 1830s, allowing married women to own property in the 1880s and outlawing rape in marriage in the 1990s. Freedom of religion is extremely important. No one is proposing that religious organisations should be obliged to perform same-sex marriage ceremonies.

I listened with interest, as did the Minister, to the debate on the Statement in the Commons. I offer my sympathy to the noble Baroness and some of her colleagues over some comments made by Conservative Members of the House of Commons. One of them said that 98% of his constituents were opposed to this proposed legislation. Quite how he knows that, I am unable to say. I hope that noble Lords behind the Minister will take a more enlightened view of these proposals. The Minister has, unsurprisingly, dwelt on the safeguards. I hope that the Government will not be defensive over the Bill; they should be proud of it.

How will this legislation work? Will the people who currently have civil partnerships be able to, as it were, convert to a civil or religious marriage? How will they do that and will there be any constraints or time limits? The Government have made available their response to the consultation but will they make available its results?

The second lock mentioned by the Minister concerned amending the Equality Act, but I wonder whether, and why, this is necessary. My understanding is that this matter is already covered precisely in that Act.

In conclusion, the Labour Party strongly supports same-sex marriage. People who love each other and want to make a long-term commitment to each other should be able to get married. As a society, we should support and celebrate that commitment. We are pleased and we welcome the fact that the Government have gone further than they originally intended and that they will allow religious organisations that want to celebrate same-sex marriage the chance to do so.