Civil Partnerships, Marriages and Deaths (Registration etc) Bill

Report

Amendment 1

1: After Clause 1, insert the following new Clause— “Removal of exemption for clergy under the Marriage (Same Sex Couples) Act 2013 (1) The Secretary of State must by regulations made by statutory instrument make such provision as is necessary to amend the Marriage (Same Sex Couples) Act 2013 to enable the Church of England and the Church in Wales to opt in to the provisions of that Act allowing the solemnization of the marriage of a same sex couple.(2) A statutory instrument containing regulations under subsection (1) may not be made unless it has been laid before, and approved by a resolution of, each House of Parliament.(3) Subject to subsection (2), regulations under this section must be in force by the end of the period of 6 months beginning with the day on which this Act is passed.(4) Regulations under subsection (1) may not amend—(a) section 1(3) of the Marriage (Same Sex Couples) Act 2013,(b) section 1(4) of that Act, or(c) section 2(5) or (6) of that Act.”

My Lords, Amendment 1 is in my name and that of my noble friend Lord Collins of Highbury. This amendment is similar, but not identical, to the amendment I moved in Committee. The changes I have made to it reflect the concerns expressed in that debate by the right reverend Prelate the Bishop of Chelmsford and the briefing note I subsequently received from Church House.

Your Lordships will be aware that under the Marriage (Same Sex Couples) Act 2013 the Church of England and the Church in Wales are subject to what is called the “quadruple lock”. The first three elements of that lock apply to all religions, but the fourth states that the common law duty of the Church of England and the Church in Wales to marry parishioners does not apply and that the canon law of the Church of England does not conflict with, and is not overridden by, civil law. So those churches are exempted from the general ability of a religious organisation to opt in to perform same-sex marriages. The Church of England can change those provisions through measures, and the Lord Chancellor can make similar changes in respect of the Church in Wales with its approval. My amendment gives the Secretary of State a duty to make the sort of changes that the Church might otherwise make through measures—or the Lord Chancellor, in the case of Wales—while maintaining the quadruple lock as far as possible.

This amendment differs from the amendment I moved in Committee by virtue of proposed new subsection (4). Paragraph (a) preserves the position of canon law; paragraph (b) preserves the exemption for same-sex marriages from the common law duty of members of the clergy to solemnise the marriages of their parishioners; and paragraph (c) reserves the carve-out from the Equality Act that allows religious organisations or ministers to refuse to conduct a same-sex marriage.

I hope that your Lordships, and in particular my good friend the right reverend Prelate the Bishop of Oxford, will agree that this is a modest amendment. It simply says to the Church of England and the Church in Wales that Parliament will not stand in their way when they eventually get round to extending the right to marry in church to same-sex couples.

My Lords, I have added my name to this amendment and very much welcome the introduction by my noble friend, who has set out the issues extremely well. As we heard in Committee, this is about a journey that the Church of England in particular has been on, and there has been some movement. I certainly recall opposition in this House when I was hoping for agreement to civil partnerships going through. That opposition came from the Church of England too, and it delayed my civil partnership by a year, as it happens. However, when we came to the same-sex marriage debate, I welcomed the fact that the most reverend Primate spoke up in favour of civil partnerships. Therefore, there has been movement on the journey and I very much welcome that.

It is not for me to dictate what the Church of England should or should not do. I firmly believe in the right of religious institutions to have religious freedom. It is not my job as a politician to impose restrictions on the Church. Certainly, since the Committee stage of this Bill, I have received emails, some coming from the opposite camp in the Church of England. I did not realise that what I had been through was an abomination but apparently that is what it was, and no doubt that forms part of the debate in the Church of England.

However, that debate in Committee showed me that there is strong support in the Church of England for what we are attempting to do: it is not one-sided. I am aware—and my noble friend has highlighted— that many people are torn between their faith and their identity, and their ability to choose whom they love and care for. In fact, my own husband would have desired a religious ceremony. We have gone through a civil partnership and a same-sex marriage. We have actually done it three times, and I have no doubt that, if the Church of England changes its mind, he will strongly advocate a fourth—any excuse for a party, as they say. I sincerely hope that the Church will move on this issue.

I too have read the Church of England briefing about canon law and about the 1919 Act and the quadruple lock. I remember the debate on the quadruple lock but I do not recall the Church saying, “We can decide ourselves eventually”. However, that is another issue. I accept the briefing and I accept the facts—that, if it so wishes, the Church of England can do this. As my noble friend said, this is a facilitating amendment. It says that we should have no part in this decision and that it should be a decision for the Church of England. However, it also says to the world out there that this House has changed—that we are in favour of allowing people to honour and be true to their faith, and also to be true to who they are. That is why this amendment is very important.

I shall do something that I have already done, at Second Reading and in Committee, which is to quote the most reverend Primate. I thought that his words in his book were absolutely right when he talked about the importance of marriage. He went on to say:

“If fluidity of relationships is the reality of our society, then this should be our starting point for building values, because all values must connect with where people are and not where other people might like them to be”.

What are those values that the most reverend Primate talked about? They are the values that we talk about in terms of same-sex marriage. It is the Christian understanding of the core concepts of household and family, including holiness, fidelity, hospitality and love above all, because God is holy, faithful, welcoming and overflowing in love, and any human institution that reflects those virtues also in some way reflects God. When two people have entered into a same-sex marriage, they are reflecting those values.

I hope the Church of England will change its mind.

My Lords, I want to make a brief contribution. I absolutely support the points made by the noble Lords, Lord Faulkner and Lord Collins. I speak as a heterosexual pew member of the Church of England. I echo the comments made in the letters read out by the noble Lord, Lord Faulkner: many of us look forward to the day when same-sex marriage can be solemnised in the Church of England. I am reminded of two friends of mine and my noble friend Lady Barker’s who chose to leave the Church of England and have their marriage solemnised in the Unitarian Church. It was a very moving event where God recognised their sincere and solemn relationship.

I completely understand the problems inside the Church of England. I am appalled that there are members of the Church who would write to the noble Lord, Lord Collins, in those terms, describing him and his relationship as an abomination. That is certainly not where the Church comes from at all.

I support the amendment as a facilitator for the moment at which the Church of England and the Church in Wales want to say, “Yes, we will move it”. We will be removing one hurdle here in Parliament to make that journey faster and smoother.

My Lords, I am in favour of this amendment. I commend and congratulate my noble friend Lord Faulkner on the passionate way in which he introduced it, referring to the personal experiences of people who have written to him. I equally commend the contribution of my noble friend Lord Collins of Highbury.

I was very fortunate to have a civil partnership with the wonderful Paul Cottingham. Before he died, on one of those chemotherapy afternoons where the head cannot quite come up from the sofa, I was stood behind him doing the ironing—this is an insight into my domestic life—because I find that it clears the mind. I looked at this man who I had spent 31 years of my life with, and who I knew did not really have much longer to live. I said to him, “Paul, will you marry me?” Without a moment’s hesitation, he looked up and said, “Today’s not a good day, sorry. No”. But what if the answer had been different? Does it matter to people like me, who are not of religious persuasion or religious belief? It matters because one has to think, “What if that were me?” What if my faith and the roots of my relationships were absolutely within my faith community? What if I were not allowed to participate with the love and support of that community? Would it matter? The answer is yes. And if I would not want to experience that in the celebration of the person I love, how dare I allow another to experience it?

I welcome the changes that have happened in this country. They actually happened in advance of public opinion, which took courage and leadership. It is interesting that all the other religions and faiths do not need the legal protection that the Church of England has been given. As my noble friend referred to, that sends a worrying signal to the worldwide Anglican Communion. It reinforces the concept that it is okay and legitimate to discriminate against people on the grounds of their sexual orientation. We have witnessed enough atrocities across the globe to have evidence of that.

My Lords, those were extremely moving speeches. I thank the noble Lords, Lord Faulkner, Lord Collins and Lord Cashman, and the noble Baroness, Lady Brinton, for the contributions they have made in the Chamber today and the moving way in which they have spoken. I thank them for sharing their personal experiences so movingly, and for the important and necessary articulation of the views they have heard within the broader Church of England in favour of movement and inclusion. I deeply regret the language used in writing to the noble Lord, Lord Collins, and others; it has no place in the contemporary Church.

The Church is committed to listening carefully to the wisdom of the nation, to the wisdom in our continued debate in this Chamber and to the voices of LGBTI people at all levels in the life of the church. We are committed in our public statements to the inclusion and welcome of all. I and the Church collectively remain deeply conscious of our imperfections and the journey that we still have to travel. We recognise that discrimination is still experienced; I accept the validity of the Stonewall research just cited, and it distresses me beyond words.

As noble Lords are aware, together with other Churches and faith communities across the world, the Church of England is exploring these issues in depth—and, I accept, at length. My colleague the right reverend Prelate the Bishop of Newcastle chairs our pastoral advisory group, and last week brought a helpful series of pastoral guidelines to the General Synod. My colleague the right reverend Prelate the Bishop of Coventry chairs a process of exploration under the title Living in Love and Faith, which was referred to by noble Lords. Both processes are due to report to the General Synod in 2020. It is true that these proposals will contain resources for reflection. They may not contain recommendations for action but they will be followed by further work, debate and proposals to be tested by the General Synod in due course—as soon as possible, I hope.