THE protection for the Church of England to be contained within
the Government's same-sex-marriage legislation was a surprise to
church representatives, it emerged this week.
On Tuesday, the Minister for Women and Equalities, Maria Miller,
announced that the Bill would include a "quadruple lock" of
measures that would "protect religious freedom".
These would
specify that it would be illegal for any Church of England minister
to conduct a same-sex marriage.
But at a meeting with Parliamentarians on Thursday, the Bishop
of Leicester, the Rt Revd Tim Stevens, said that this level of
protection had not been mentioned in meetings with the Government.
He regretted that no prior consulation had been sought.
Mrs Miller said that 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 the
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. . .
"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'."
In the House of Commons on Tuesday, Mrs Miller said: "Because
the Church of England and [Church in] Wales have explicitly stated
that they do not wish to conduct same-sex marriage, the legislation
will explicitly state that it will be illegal for the churches of
England and Wales to marry same-sex couples. . . this provision
recognises and protects the unique and established nature of these
Churches."
Should those Churches choose to opt in, ministers would
still be able to refuse to officiate.