Reform wedding laws

Reform wedding laws

Page 19 of 28: Make marriage fairer for all people of all religions and beliefs.

Wedding law in England and Wales is badly out of date.

We campaign for marriage to be equally open to all, regardless of religion or belief.

Time for one wedding law for all.

In England and Wales, different laws apply depending on whether a wedding is Anglican, Jewish, Quaker, another religion or not religious at all (a civil wedding or partnership).

This is unfair, confusing and absurd.

Most religious weddings must be held in a registered place of worship, while civil weddings and partnerships must take place in approved premises. Jewish and Quaker weddings can take place anywhere.

This system leads to inequality. Members of religions which don't have fixed places of worship, or don't use their places of worship for weddings, are disadvantaged. And members of nonreligious communities such as Humanism have no way of getting legally married according to their philosophical beliefs.

The process for a place of worship to register itself for marriage is much cheaper than for approved premises for civil ceremonies. This in turn contributes to the cost of civil marriages and partnerships.

Over 80% of opposite-sex marriages in England and Wales in 2022 were civil marriages. But only 16% of recognised wedding venues in England and Wales can hold civil marriages. The remaining 84% are religious venues.

While approved premises for civil weddings and partnerships must by law hold ceremonies for same-sex couples, this is not the case for places of worship. In 2022, only 2% of places of worship were registered for same-sex weddings. This considerably reduces the options for same-sex couples. Whereas opposite-sex weddings are in slow decline, same-sex weddings are increasing.

UPDATE: The Law Commission has now made its final recommendations on reforming wedding law on England and Wales. Please write to your MP in support of the recommendations...

Unregistered religion-only 'marriages'

The complexity of marriage law may contribute to the rise in couples who have religious 'wedding' ceremonies that are not legally-binding.

A signification proportion of Muslim couples are in an Islamic 'nikah' union lacking the full legal rights and protections of a recognised marriage.

Unregistered marriages can undermine women's rights in particular. If a woman in a nikah is 'divorced' suddenly, or against her wishes, she can be left homeless and without any money or assets.

The situation is made worse by sharia councils or 'courts' which dispense religious rulings on Islamic marriage, child custody and divorce. These are not courts of law but there are concerns some Muslim women, especially those not born in the UK or unable to speak English, perceive them as having real legal authority.

Sharia councils leave children vulnerable and discriminate openly against women. To seek a religious divorce a woman must gain permission from these almost entirely male councils, and there are reports of women being denied this request even in cases where they have faced abuse.

Reforming wedding laws will not solve these problems completely. But making wedding laws simpler and fairer can encourage couples to gain the legal protections of a registered marriage.

Take action!

1. Write to your MP

Tell your MP to support the Law Commission's recommendations for wedding reform.

2. Share your story

Tell us why you support this campaign, and how you are personally affected by the issue. You can also let us know if you would like assistance with a particular issue.

3. Join the National Secular Society

Become a member of the National Secular Society today! Together, we can separate religion and state for greater freedom and fairness.

Latest updates

NSS welcomes minister’s commitment to ensure same-sex weddings can take place in military chapels

Posted: Tue, 22 Dec 2015 11:33

The National Secular Society has welcomed an intervention from Defence Minister Penny Mordaunt to ensure that the rights of gay military personnel wishing to marry are respected.

Regulations allowing same-sex marriages in the 190 military chapels in England and Wales came into force 18 months ago – but none of the Sending Churches using the chapels currently allow same-sex marriages to be conducted there.

Defence Minister Penny Mordaunt has now written to military chaplains to ask how "Parliament's sanction" will be "fully implemented".

News of the minister's intervention came in response to a written question from Madeleine Moon MP (Bridgend - Labour), a member of the Commons Defence Committee.

The National Secular Society has called for it to be made clear to all service personnel that if they want a same-sex marriage in a military chapel they can have one.

Keith Porteous Wood, NSS executive director, commented: "Military chapels are for the benefit of all military personnel, so it is discriminatory, as well as disingenuous to veto their use for same-sex marriages.

"The churches repay the privilege of being provided with chapels for their services paid for by the state by denying their use to those wishing to be lawfully married. Shamelessly blocking the use of military chapels to gay serving personal who want to marry also illustrates that the centuries-old persecution of homosexuals by the institutional churches is being actively perpetuated today by their leaders, despite support for same-sex marriage by the majority of those that identify as Christians.

"The only possible justification for such a veto, were if clergy who do not wish to solemnise same sex marriages were forced to do so, but the Marriage (Same Sex Couples) Act specifically exempts them from doing so against their will."

The NSS says that if chaplains don't want to conduct to same sex marriages they should be under a duty to find someone who will.

The position on armed forces' chapels differs from that of civilian religious buildings in that they are largely owned by the State and not by the religious organisations that use them. A small number of military chapels are owned by the Church of England and not covered by the regulations. The Defence Secretary is required to consult with Sending Churches before registering military chapels to be used for same-sex marriages. However they can legally block such registrations is unclear.

The Sending Churches - which provide chaplains to the armed forces – include the Church of England, Roman Catholic, Methodist, Church of Scotland, Presbyterian, Baptist Union, United Reformed, Congregational, Free Church of Scotland, Elim Pentecostal and Assemblies of God.

Photo: RAF Taking part in the London Gay Pride parade | Credit: Defence Images ©Crown copyright 2012

Anti-LGBT religious exemptions will be removed from Ireland’s equality legislation

Posted: Tue, 17 Nov 2015 15:14

The National Secular Society has welcomed confirmation that Ireland's government is to amend the exemptions to equality law which permit religious discrimination.

Plans to amend the Employment Equality Act were confirmed by equality minister Aodhán ó Ríordáin, so that Section 37 will be changed to end discrimination against LGBT people in schools and hospitals.

Speaking as marriage equality came into force in Ireland, the minister said: "As marriage equality becomes a reality today, on Wednesday we amend [Section 37] to end LGBT and other discrimination in schools and hospitals".

Speaking with News Talk, he also added: "Marriage equality was a wonderful achievement, and Ireland should be very proud of being the first country to bring in marriage equality by popular vote.

"But if you're 13 years of age, and you're just coming out and you're nervous, marriage equality or rights might feel a very long way away.

"We still have issues of homophobia in Ireland – I don't think we're unique in that respect – but the things we're doing even this week will go a long way to addressing that."

The law currently says that a "religious, educational or medical institution which is under the direction or control of a body established for religious purposes or whose objectives include the provision of services in an environment which promotes certain religious values" can 'take action' against employees who undermine the organisations religious ethos.

At present employers may give "favourable treatment" on religious grounds to their workers or prospective employees to "maintain the religious ethos of the institution".

Similar exemption in the UK allow schools with a religious character to apply a religious test to teaching posts and discipline or dismissed teachers for conduct which is "incompatible with the precepts of the school's religion".

NSS campaigns manager, Stephen Evans, welcomed the development in Ireland and said: "It's great to see Ireland leading the way in eliminating discrimination against LGBT people by removing these religious exemptions.

"It's time similar exemptions from UK equality law were removed to prevent teachers and other employees of religious organisations from being discriminated against based on personal circumstances irrelevant to their ability to do the job."

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