Wedding law in England and Wales is badly out of date.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
Secularists query decision to reinstate registrar who refused to conduct same-sex weddings
Posted: Tue, 9 Sep 2014 14:53
The National Secular Society has criticised a decision by Central Bedfordshire Council to reinstate a Christian registrar who was previously dismissed after refusing to conduct same-sex weddings.
Margaret Jones, a Senior Deputy Registrar at Bedford register office, was sacked by her employers after confirming that she would be unwilling to conduct same-sex weddings on the basis of her Christian beliefs.
However, Ms Jones was offered her job back after an internal appeal hearing found her employer had not taken a 'balanced view' of her beliefs. In ruling for reinstatement, the Council's Appeal Committee indicated its desire to ensure that the Council had explored all the potential options sufficiently.
Ms Jones had argued that since marriage ceremonies require two members of staff - one to conduct and one to register - she could simply register the marriage, with the result that no couple would be denied a service.
The Council's decision appears to contradict a ruling made in the case of Ladele v London Borough of Islington, in 2009, where the Court of Appeal established that a registrar cannot claim an exemption from providing public services to same-sex couples on the grounds of religious belief.
Ms Ladele took her case to the European Court of Human Rights, claiming that the United Kingdom had discriminated against her on the basis of her religion, but the Court dismissed her complaint.
The Marriage (Same-Sex Couples) Act 2013 came into force on 29 March 2014, enabling same-sex couples to legally marry. The change in law has been widely welcomed, as a forward-step for gay rights.
When considering the legislation, both Houses of Parliament overwhelmingly rejected proposed amendments to the Bill which would have allowed registrars to opt out of conducting same-sex marriage ceremonies. The law explicitly excludes registrars from any of the protections afforded to religious organisations and individuals who work for them, and registrars have no exemptions under the 2013 Act or the Equality Act 2010.
The Council's decision has been seized upon by Christian campaigners. Paul Diamond, barrister to the Christian Legal Centre, which has advised Ms Jones, told the Sunday Times: "All good employers should follow this precedent, and practising Christians should no longer fear expressing their beliefs."
However, contrary to a number of inaccurate media reports, the case did not go to an employment tribunal and the decision made by a panel of Central Bedfordshire Council Members sets no legal precedent.
Defending its decision to reinstate Ms Jones, Central Bedfordshire Council, said: "These are complex issues and we are responding to relatively new legislation, which means the Council's duty not to discriminate has to be balanced against employees' individual rights.
"Our decisions have been based on the guidance available to us at the time."
However, the guidance issued by the Equality and Human Rights Commission, states: "The law is clear that when someone is providing a public service, they cannot, because of their religion or belief, discriminate unlawfully against customers or service users".
The guidance also makes clear that employers should consider requests for an opt-out, but are under no obligation to grant one.
Stephen Evans, National Secular Society campaigns manager, said: "As public servants performing statutory duties on behalf of the State, it is not unreasonable to expect registrars to carry out their responsibilities if full without discrimination.
"Because of the way in which it undermines the dignity of those discriminated against, local authorities should not be accommodating refusals to provide services to same-sex couples. Discriminatory acts have a moral significance beyond the deprivation of the relevant service and the fact that other registrars could conduct the ceremonies is irrelevant."
The National Secular Society has written to Central Bedfordshire Council asking it to clarify its position regarding the accommodation of employees' requests to opt out of part of their job requirements.
In response, Central Bedfordshire stated: "In the context of relatively new legislation and evolving case law, we believe the guidance available to public bodies could be both clarified and strengthened and the Council is actively seeking to engage with the Equality and Human Rights Commission (EHRC) in order to do so."
Ms Jones has said she will not accept the job offer.
Church blocks NHS job offer to clergyman over same-sex marriage
Posted: Mon, 4 Aug 2014 12:48
The first British clergyman to marry a same-sex partner has had a job offer as an NHS chaplain withdrawn after a Bishop revoked his permission to officiate.
Jeremy Pemberton, who currently works as an NHS chaplain in Lincolnshire – having been stopped from operating as a priest in Nottinghamshire following his marriage to Laurence Cunnington – had been offered a job as chaplaincy and bereavement manager in the Sherwood Forest Hospitals NHS Trust. According BBC reporting, the Trust informed Mr Pemberton last week that it had withdrawn its offer of a job after the acting Bishop for Southwell and Nottingham, Richard Inwood, had refused him the official licence, known as a permission to officiate, in the diocese.
In a statement the Bishop Inwood, said: "In its pastoral guidance on same-sex marriage, the House of Bishops said that getting married to someone of the same sex was clearly at variance with the teaching of the Church of England.
"The statement said it would not be appropriate conduct for someone in holy orders to enter into a same-sex marriage, given the need for clergy to model the Church's teaching in their lives."
78.5% of recipients in a Church Times poll opposed the Bishop's decision.
Commenting on BBC Radio Nottingham, Mr Pemberton said: "I've now been treated, I think, in an unfair and rather harsh way in Southwell and Nottingham, whereas I'm now going to carry on doing the job I have been doing in Lincolnshire where I have a licence".
Raising the possibility of a legal challenge, Mr Pemberton said: "I'm not going to bow out gracefully and take a low profile. I think this needs to be tested and I think in due course it probably will be somewhere."
NHS chaplains are salaried employees funded by the taxpayer; in 2012 National Secular Society research revealed that the NHS spends around £29 million a year on the provision of hospital chaplains. According to the NHS careers site, the "vast majority" of NHS chaplains are Anglicans, while chaplains of other faiths are "recruited in proportion to the belief patterns of the local population."
Stephen Evans, campaigns manager at the National Secular Society, said: "NHS chaplains are supposed to be offering a service to all patients. It's therefore concerning that the Church of England can block an individual from such a position on the basis of their sexual orientation or their entering into a legal marriage.
"In today's diverse and pluralist society, where the majority are non-religious, the provision and funding of NHS services within a specifically religious framework needs urgent review."
