Humanist marriage ceremonies in England and Wales
This briefing paper considers the current status of humanist marriage ceremonies and Law Commission proposals for reforming the law relating to how and where marriages can take place in England and Wales.
The law in England and Wales permits both civil marriage and religious marriage. However, there is no specific provision for marriages to be conducted according to any non‑religious system of belief, such as humanism. At present, therefore, it is not possible to have a legally binding humanist marriage in England and Wales. This means parties to a humanist marriage ceremony must have an additional ceremony (for example, at a register office) for the marriage to be legally valid.
The charity Humanists UK has campaigned for equal treatment for humanists and religious people and for the law to be changed to allow humanist celebrants to conduct legal marriages.
Coalition government consultationFollowing calls for legislation to facilitate humanist marriage, the Marriage (Same Sex Couples) Act 2013 provided for a review (including a full public consultation) of whether the law should be changed to permit marriage according to the usages of non-religious belief organisations, with a report of the outcome to be published by the end of 2014. The 2013 act also gives the Secretary of State power to make provision, by order, permitting marriages according to the usages of belief organisations.
Accordingly, in 2014, the Ministry of Justice conducted a public consultation. The majority of respondents to the consultation were in favour of changing the law to allow legally valid, non-religious belief marriage ceremonies to take place in unrestricted locations, including outdoors. However, the coalition government concluded that the legal and technical requirements of marriage ceremonies and registration in England and Wales should be considered more generally before, or at the same time as, deciding on this issue.
Law Commission projectThe coalition government asked the Law Commission to conduct a review of the law governing how and where people can marry in England and Wales. The Law Commission’s initial scoping review of marriage law found there was a need for a wholesale review of the law in this area. The commission considered that legislating solely to allow non-religious belief organisations to solemnise marriages would not solve any of the other problems in the current law and would not achieve certainty, simplicity, fairness or equality.
The Law Commission’s terms of reference (PDF) for the project provided that it could not make recommendations as to whether groups who may solemnise marriages should be expanded. However, the Law Commission was required to consider how a new system could include weddings conducted by non-religious belief organisations and independent celebrants, if the government decided that the law should allow these groups to perform legally binding weddings.
Following a consultation in 2020 (PDF), the Law Commission in July 2022 published its report, Celebrating Marriage: A New Weddings Law (PDF), which set out recommendations for reform of the law. The commission said it was recommending “comprehensive reform from the foundations up: an entirely new scheme to govern weddings”. One of the features of the proposed new scheme would be regulation based on the officiant rather than on the building in which a wedding takes place, as is currently the case.
The recommendations would enable non-religious belief organisations, such as humanists, to conduct legally binding weddings on the same basis as religious organisations, and officiants could be nominated by non-religious belief organisations.
Government positionThe Conservative government said in 2022 that it would consider wholesale reform of marriage law rather than piecemeal reform relating only to humanist marriage, which it believed might create further anomalies. It declined to lay an order under the Marriage (Same Sex Couples) Act 2013 on an interim basis pending further reform of marriage law.
Similarly, the Labour government has stated that legal recognition of humanist weddings should be part of a comprehensive package of reforms that would ensure equal and fair treatment of all interested groups. Using the order-making power under the 2013 act would, the government said, create inequality.
Support for reformThe all-party parliamentary humanist group (PDF) and the Welsh Government are among those who have supported calls for reform of the law. There have been calls for interim reform without waiting for any legislation which might result from the Law Commission’s recommendations. In January 2022, 53 members of both Houses wrote to the Lord Chancellor urging immediate legal recognition of humanist marriages.
Claim for judicial reviewIn July 2020, the High Court dismissed a judicial review claim brought by six couples identifying as humanists in respect of the failure by the Secretary of State for Justice to provide for state recognition of humanist marriages under English law. They contended, on human rights grounds, that the legislation providing for the legal recognition of marriage in England was unjustifiably discriminatory.
Mrs Justice Eady found that, although the law treats humanists differently from those with religious beliefs, addressing the differences in treatment would not be straightforward. She said this justified the Secretary of State’s aim of considering the appropriate remedy as part of more wholesale reform. Given the Law Commission’s review of the law of marriage, Mrs Justice Eady held that, at the time, the Secretary of State had demonstrated that a fair balance had been struck between the individual rights of the couples and those of the broader community.
Position in Scotland and Northern IrelandLegally recognised humanist marriages can take place in Scotland.
Humanist celebrants may be authorised to solemnise civil marriages in Northern Ireland, where humanist marriages have been lawful since 2018.
In July 2022, following a public consultation on marriage law, Northern Ireland’s then Minister of Finance, Conor Murphy, announced that preparations would be made to change the law to put belief marriage on an equal footing with religious marriage.
In September 2025, current Minister of Finance, John O’Dowd, said a draft Marriage and Civil Partnership Bill that would raise the minimum age of marriage and civil partnership to 18 and incorporate belief marriages into the statutory framework was “in the latter stages of preparation”.