Why are the Anglican Churches not included?
Ministers had already stated that legislation allowing same-sex marriages in England and Wales would not compel any religious organisation to conduct such marriages. Culture Secretary Maria Miller said the Church of England and the (Anglican) Church in Wales had stated their strong opposition to same-sex marriages. But they are not the only religious organisations to have done so. The legal ban may have the effect of protecting the Church of England from legal claims that as the Established Church it is bound to marry anyone who requests it.
What assurances have been provided for religious organisations?
Mrs Miller has promised a “quadruple lock” for religious groups who oppose gay marriage, involving:
- No religious organisation or individual minister being compelled to marry same-sex couples or to permit this to happen on their premises
- Making it unlawful for religious organisations or their ministers to marry same-sex couples unless their organisation’s governing body has expressly opted in to provisions for doing so
- Amending the 2010 Equality Act to ensure no discrimination claim can be brought against religious organisations or individual ministers for refusing to marry a same-sex couple
- The legislation explicitly stating that it will be illegal for the Church of England and the Church in Wales to marry same-sex couples
What has this got to do with the Church of England’s status as the official state church?
The Church of England is the established church in England - its own Canon Law is part of the law of the land. One of its canons states that marriage is in its nature a union of “one man and one woman”. This will remain in force, says the government. The Church had warned that, had Parliament changed the definition of marriage, this could have called into question the “status and effect of the canonical provisions that set out the Church’s doctrine of marriage as being between one man and one woman”. The government would thus have been overlooking “the implications of what is proposed for the position of the established Church”.
Could the legalisation of gay marriage have led to the disestablishment of the Church?
The Church had warned that it could. If the legal position ended up so that same-sex marriage could no longer be limited to civil ceremonies, it says, “the whole range of rights and duties that exist in relation to marriage and the Church of England would have to be re-examined”. “The ultimate outcome for both Church and State would be quite uncertain,” it says.
Where do other Churches and religions stand on the issue?
The vice-president of the Catholic Bishops’ Conference of England and Wales, Archbishop Peter Smith, had said in response to the government’s consultation: “In the interest of upholding the uniqueness of marriage as a civil institution for the common good of society, we strongly urge the government not to proceed with legislative proposals which will enable all couples, regardless of their gender, to have a civil marriage ceremony.”
Following the government’s initial announcement of its outline plans on 11 December, the archbishop, along with Archbishop Vincent Nichols, the leader of the Roman Catholic Church in England and Wales, said opponents of gay marriage should lobby MPs “clearly, calmly and forcefully, and without impugning the motives of others”.
The Muslim Council of Great Britain has said it is against the proposals, calling them “unnecessary and unhelpful”.
Among Jews, The Liberal and Reform synagogues support gay marriage while the United synagogue opposes it. Chief Rabbi Lord Sacks, meanwhile, has yet to comment on the proposals.
Lord Singh, head of the Network of Sikh Organisations, has said gay marriage would “dilute” the definition of marriage in religious scriptures.
Quakers have campaigned in favour of same-sex marriage and will allow ceremonies to take place on their premises.