Marriage (Same Sex Couples) Bill

Debate between Lord Bishop of Winchester and Lord Elton

Wednesday 10th July 2013 Lords Chamber

[Lord Elton]

I hope that my noble friend will be able to clarify for us the perceived conflict between the guidance and the documents—the names of which I forget—under which the faith schools have to operate. It seems to me that what these amendments ask is not the big thing it is suggested it is. Surely it must be right for church and other faith schools to teach about the world as it is and as it changes. The world is changing, but faiths do not necessarily change at the same rate or, indeed, at all. However, they are part of the world and therefore must be taught.

What is at issue is whether there can be recruiting or promoting of the particular faith—it need not be Christianity—or the particular orientation, which need not be heterosexuality. That is what is at issue. I would like my noble friend to assure us that there is a legally proof way through this which preserves the right of all faiths to explain to children what the tenets of that faith are while at the same time addressing the actual world which the children will grow up into without being in fear of being in breach of the law. I believe I am right in saying that the original concern of the right reverend Prelate was not so much with teachers as with the foundations. We have not heard so much about them, but this has to be available as a protection to the foundations of schools. In my view, it should not be phrased in such a way as to threaten in any way the intentions of this Bill.

[The Lord Bishop of Winchester]

My Lords, I support the right reverend Prelate’s amendment. Neither the equal marriage Bill nor this amendment would change the doctrinal position of religious organisations. In fact, the Bill recognises in Clause 1(3) that the doctrine of the Church of England remains that marriage is the union of one man and one woman.

This amendment is about religious educational institutions, as the right reverend Prelate has said, operating within the ethos of their faith and charitable foundations, while giving due regard to the breadth of opinion on the nature of marriage, including equal marriage. It ensures a true diversity while allowing for a particular perspective to be honoured. The Human Rights Act, Articles 9 and 10 of the European Convention on Human Rights and Section 403 of the Education Act 1996 may seem to preserve religious freedom or the exercise of discretion in selecting materials for SRE teaching, but the legal process proving that, if these freedoms are challenged, might be lengthy and very expensive. It is better to amend at this stage and thus resolve the conflict between different legal requirements.

The amendment will protect and promote religious freedom, and thereby enable the ongoing contribution to the common good of the religious traditions and diversities of this country. Marriage makes a great and fundamental contribution to our society. It is better that all views are included and encouraged for all to flourish. There is no homophobic Trojan horse in this amendment; rather, there is a recognition of true diversity of opinion. God willing, we will move beyond homophobic attitudes, and this amendment is one way to do that. It would ensure that true diversity is taught in a faith context and would provide formation for the almost 1 million children for whom the Church of England is responsible in its schools.