Marriage and Religious Weddings

Debate between Lord Keen of Elie and Baroness Whitaker

Tuesday 30th June 2020 Lords Chamber

[Lord Keen of Elie]

My Lords, the Law Commission is proposing to look at the matter of where and in what circumstances marriage should be celebrated. I understand that its consultation document will be available in September.

[Baroness Whitaker (Lab) [V]]

My Lords, following the question of the noble Baroness, Lady Meacher, can I press the Minister on this issue? Provision for legally recognised humanist marriages was overwhelmingly supported in the government consultation. What are the real obstacles to our having equal rights with Scotland?

[Lord Keen of Elie]

The major obstacle is the fundamental difference between the law of marriage in Scotland and that in England. The law of marriage in England and Wales, as determined since Lord Hardwicke’s Act, depends upon the place of celebration as well as the celebrant. That is not the position in Scotland, where it is not necessary to identify the location for the marriage ceremony.