From Mr David Lamming
Sir, - On The World at One (Radio 4, 15 January),
the Communities Secretary, Eric Pickles, commented on the European
Court of Human Rights' judgment rejecting the cases of Gary
McFarlane and Lillian Ladele, who had complained of discrimination
by their employers on account on their unwillingness to carry out
duties that conflicted with their religious views on homosexuality.
Mr Pickles said: "If you offer a service to the public, you have a
right to expect that the service will be available to all
people."
How does this square with the assurance given to Parliament by
the Equalities Minister, Maria Miller, on 11 December last year,
that the "quadruple lock of measures" that she announced would
provide "iron-clad protection in law" to Churches that, on account
of their religious beliefs, did not want to conduct same-sex
marriages, and that, with appropriate legislative drafting, "the
chances of a successful legal challenge through domestic or
European courts is negligible"?
Challenges will undoubtedly be made on the basis that a Church,
such as the Church of England, that conducts marriage ceremonies
must make those ceremonies available to all, regardless of the
gender of the parties. Will Mr Pickles be supporting such
challenges, regardless of whatever "quadruple lock" may be in the
legislation?
DAVID LAMMING
20 Holbrook Barn Road
Boxford, Sudbury
Suffolk CO10 5HU
From Carol Palfrey
Sir, - Canon Michael Ainsworth (Letters, 18 January) suggests
a solution that "balances human rights with the rights of faith
communities to retain same-sex partnerships alongside heterosexual
marriage, with the proviso that faith communities are as positive
as they can be in helping all couples to celebrate their
relationships".
Setting aside the strong desire of many same-sex couples to be
"married", this may seem, at first sight, to be a reasonable way to
proceed. The recent change in the law to allow those religious
traditions that wish to do so to perform legally recognised
same-sex partnership ceremonies in their places of worship may seem
a step towards achieving this solution. I would like, however, to
draw attention to a serious inequality.
Under the Marriage Act 1753, the only legally recognised
marriages in Britain (with the exception of Jews and Quakers) were
those performed in a parish church by a clergyman of the Church of
England. The Marriage Act of 1836 enabled ministers of other
Christian Churches to register marriages performed in their
churches. A one-off fee was paid for licensing. Ever since this
legislation was enacted, our Unitarian chapel has held marriage
ceremonies conducted by ministers or legally recognised "Appointed
Persons" from our own congregation.
The new law covering same-sex partnership ceremonies in
religious buildings requires different arrangements, which we
believe to be discriminatory. Although the chapel is already
licensed for marriages, a separate licence is required for same-sex
partnerships. If, as Canon Ainsworth's solution implies, same-sex
partnerships and marriage give the same rights to the couples
involved, why is a separate licence required, and, if it is, why is
the cost so high (in our case, £1500 for five years)?
We understand that the main justification is the need for
certain checks to be carried out to ensure that the building is
suitable and meets legislative requirements. If the building is
deemed safe and appropriate for marrying heterosexual couples, why
is it not equally safe and appropriate for conducting same-sex
partnership ceremonies?
In addition, a same-sex partnership ceremony cannot be conducted
by a minister or "Authorised Person" from the congregation, but
requires the presence of a registrar, at a cost to the couple of
£400. Thus, a same-sex couple would have to pay far more for their
ceremony than a heterosexual couple.
Unless licensing arrangements can be changed, I fear that Canon
Ainsworth's proposal does not resolve the problem of
discrimination. The only way forward seems to be the introduction
of marriage for all.
CAROL PALFREY
Solar Via, Happisburgh
Norwich NR12 0QU