THE Government's Bill to introduce same-sex marriage will make
it clear that it is illegal for any Church of England minister to
marry a same-sex couple.
Announcing plans to legislate for same-sex marriage early next
year, the Government said on Tuesday that the Bill would include a
"quadruple lock" of measures that would "protect religious
freedom". A statement from the Minister for Women and
Equalities, Maria Miller, said:
"The legal locks, which will be on the face of any primary
legislation, are:
-
no religious organisation, or individual minister, could be
compelled to marry same-sex couples (or to permit this to happen on
their premises);
-
it will be unlawful for religious organisations, or their
ministers, to marry same-sex couples unless the organisation's
governing body has expressly opted in to do so (and that would mean
the religious organisation itself opting in, the presiding minister
having consented and the premises in which the marriage is to be
conducted having been registered);
-
the Equality Act 2010 would be amended to ensure that no
discrimination claim could be brought against religious
organisations or individual minister for refusing to marry a
same-sex couple (or allowing their premises to be used for this
purpose); and
-
the Bill will explicitly state that it would be illegal for the
Church of England and the Church in Wales to marry same-sex
couples, or to opt-in to do so. Canon law -- which bans the
marriage of same-sex couples - will continue to apply. That means
that it would require a change in both primary and Canon law before
Church of England and Church in Wales would be able to opt in to
conduct same-sex marriages."
The Bill will allow same-sex couples to get married in civil
ceremonies, and for religious organisations - apart from the Church
of England and the Church in Wales - to "opt in" and conduct
marriage ceremonies for same-sex couples.
Mrs Miller said: "I feel strongly that, if a couple wish to show
their love and commitment to each other, the state should not stand
in their way. These changes will strengthen marriage in our society
and ensure that it remains a modern and vibrant tradition. . .
"I am absolutely clear that no religious organisation will ever
be forced to conduct marriages for same-sex couples, and I would
not bring in a Bill which allowed that. European law already puts
religious freedom beyond doubt, and we will go even further by
bringing in an additional 'quadruple legal lock'. But, it is also a
key aspect of religious freedom that those bodies who want to
opt-in should be able to do so."