Marriage (Same Sex Couples) Bill

Lord Bishop of Leicester Excerpts

Monday 24th June 2013 Lords Chamber

Moved by

[The Lord Bishop of Leicester]

46C: After Clause 14, insert the following new Clause—
“Equality Act 2010
In the Equality Act 2010, after section 212, insert—“212A Expression of opinion or belief as to marriage
For the purposes of this Act, the expression by a person of the opinion or belief that marriage is the union of one man with one woman does not of itself amount to discrimination against or harassment of another.””

[The Lord Bishop of Leicester]

My Lords, I am aware that the hour is getting late and I hope not to detain the Committee for too long. The amendment would insert a new section into the Equality Act 2010 to make it clear that expressing a traditional view about marriage,

“does not of itself amount to discrimination or harassment”,

under the Act.

In our briefing to Peers at Second Reading, the Lords spiritual said that the reasonable expression of opinions or beliefs on the nature of marriage ought not, in our view, to be the subject of claims against individuals under existing discrimination or harassment provisions in the Equality Act 2010. Some recent high profile cases, which I shall not quote as they have been widely circulated, have highlighted where there is potential for risk in a workplace context. If an amendment to the Equality Act were introduced to put beyond doubt that the expression by a person of an opinion or belief about traditional marriage did not of itself amount to discriminating or harassing another, that would provide reassurance and a degree of legal protection for employers and employees and others who express their views in a reasonable way. “Reasonable” is a crucial point to stress; this is not and should not be a charter vocally to agitate in the workplace.

We very much welcome the Government bringing forward earlier in Committee their own amendment to the Public Order Act to put beyond doubt that “discussion or criticism” of same-sex or opposite-sex marriage shall not be taken of itself to be threatening or intended to stir up hatred. I recognise once again the readiness of the Secretary of State and her colleagues to respond positively to the Church of England’s concerns in this area. But this on its own, while welcome as a clarification of the criminal law, is not quite enough. This amendment is the natural and logical counterpart to it in relation to civil equality law. It also follows the precedent set out by the Government that it is acceptable to write such provisions into legislation, as they put it, for the avoidance of doubt.

Some may have concerns that this amendment would give permission, as it were, to those who wish to use language or justify practices that are anti-gay or homophobic. On these Benches we are clear that we have absolutely no truck with that. As the most reverend Primate said in the Second Reading debate, such behaviour is utterly unacceptable. Indeed, I think he used the word “sickening”. This amendment is deliberately drafted in a positive way to give reassurance and legal protection for the avoidance of doubt to many who share an understanding of the churches and other faiths, and those of no faith, about what they believe marriage to be. Ministers have said on frequent occasions that this Bill is as much about freedom of religion as it is about equality and marriage. Accepting this amendment to give recognition and legal certainty to those of many of the world faiths and none who continue to hold a belief about marriage in its traditional form would be well within the grain of that understanding of the Bill.

At root, this amendment is largely about establishing cultural norms and expectations about what will continue to be acceptable in terms of public discourse about marriage. Its insertion into the Equality Act 2010 would signal that Parliament, as Ministers have often sought to reassure us, considered it to be acceptable to maintain and express the traditional understanding of marriage. As I go about the market towns and villages of the heart of England in Leicestershire, that is the view of marriage that people have grown up with and are used to understanding. We cannot expect those cultural assumptions and norms to change overnight or at the speed at which legislation may emerge.

I had an exchange with the Minister, the noble Baroness, Lady Stowell, in this House on 11 December last year in response to the announcement of the consultation results. During that exchange the noble Baroness said to me:

“We are not changing society. We are bringing forward changes to reflect society as it is. We are seeking to do so in a way that is respectful and understanding of different views”.—[Official Report, 11/12/12; col. 992.]

I acknowledge that, but I would beg to differ on the point about this Bill not changing society. It establishes through law new and different cultural norms and expectations, introduced at some speed. If we are to do this in a way that the noble Baroness rightly identified as being,

“respectful and understanding of different views”,

the law needs to give expression to that principle. This amendment achieves that and helps insulate against what I might call an isolating or even chilling effect for some of those who are already finding themselves somewhat left out in the cold. I beg to move.

[Lord Pannick]

My Lords, I am puzzled by this amendment because I cannot see any realistic circumstances whatever in which the expression by a person of the opinion or belief that marriage is the union of one man with one woman does of itself amount to discrimination or harassment. It is simply inconceivable that any court could so find. This amendment would have a real disadvantage because it would wrongly imply that the mere expression of other views might amount to discrimination or harassment, contrary to all the principles of the equality legislation.

--- Later in debate ---

[The Lord Bishop of Leicester]

My Lords, I am grateful to the Minister for her clear and thorough response. I defer of course to the legal argument of the noble Lord, Lord Pannick, although I would remind him that an employee who was demoted by his housing association employer for expressing the view on his personal Facebook page that same-sex marriage in church was, as he put it, “an equality too far”, successfully brought a breach of contract claim against the employer. My contention is that he should not have been put in the position of having to do that. That is the kind of reassurance I am looking for today.

[Baroness Stowell of Beeston]

We debated this at great length last week when the same example was used on several occasions to make a similar point. As it has been raised again, I think it is worth repeating that the right reverend Prelate is quite right that it is so frustrating that somebody had to go through that process of establishing their freedom in order for it to be made clear. I regret that it was necessary for him to do that. However, the law, as it stands, did protect the man in question. I hope that the efforts that we are making with the Equality and Human Rights Commission properly to inform public authorities of the absolute rights and freedoms of people to express their religious beliefs will reduce the number of cases of the kind to which the right reverend Prelate refers.

[The Lord Bishop of Leicester]

I am grateful to the Minister for that clarification. I understand it and I hope that she will understand the sprit in which I raised this question.

[Lord Alli]

I understand what the right reverend Prelate is trying to do and completely agree with it. However, I wonder whether he might also take away with him the issue of employees of the Church of England. The church is the only organisation exempt from the employment regulation that would otherwise prevent the church from dismissing somebody for simply being gay. It was an exemption that it argued for and received. When the right reverend Prelate talks about other employers, I say with absolute humility that it would be lovely if the Church of England could revisit that decision about being able to sack gay priests who are not active homosexuals and are not having sex but who simply identify themselves as being gay. I will listen much more sympathetically to the arguments that the right reverend Prelate puts forward when that anomaly is corrected.

[The Lord Bishop of Leicester]

My Lords, I am grateful to the noble Lord, Lord Alli, who asks, through me, whether the Church of England would revisit a number of issues and a number of stands that it has taken. I wish that the church would do that and would certainly want to play my part in ensuring that it does. I have taken careful note of speeches made around this House during the passage of this Bill and of what the most reverend Primates the Archbishop of Canterbury and the Archbishop of York have said on this. I take his point and think it is well made.

Tomorrow evening, I will be acting as host to 50 or 60 of the world faith leaders in my garden in Leicester. We work closely together and I know how deeply concerned they are about their freedoms to follow and proclaim the traditional teachings of their faith and how much they look to their bishop, who has the privilege of a seat in this House, to do everything possible to ensure that those freedoms are underwritten by the Bill. It is in that spirit that I brought forward this amendment today. I now beg leave to withdraw the amendment.

Amendment 46C withdrawn.