Schedule 4 - Effect on marriage
Gender Recognition Bill [Lords]
4:45 pm
Mr Andrew Selous (South West Bedfordshire, Conservative)
This group of amendments is primarily concerned with matters of interest to faith communities. Amendment No. 42 seeks to extend the provisions of schedule 4(1)(3). It would extend the protection given to clergymen to ministers of any recognised religious body with regard to the requirement to marry people. There remains confusion about the precise status of churches and all religious bodies as regards marriage. On 20 May 1998, the then Secretary of State for the Home Department, the right hon. Member for Blackburn (Mr. Straw), said in the House, at column 1017, that churches were viewed as public authorities as far as marriages are concerned. There is, therefore, a worry that the Bill, without specifically extending the scope of the schedule, as amendment No. 42 seeks to do, could subject ministers and celebrants to human rights legislation for declining to conduct the marriages of same-sex transsexual people.
There is also concern about the use of the buildings of religious bodies to celebrate what those religious communities regard as same-sex marriages. I do not want to rehearse the debate about what is a same-sex marriage. I applaud the Government's intention, although I think that they have got it the wrong way round. They are adamant that same-sex marriage should not happen and have gone to considerable lengths to establish that principle throughout the Bill.
Let us just accept that many people of all faiths share that view, but from the perspective of sex rather than gender. Therefore, they find themselves in a position of conscience and would have great difficulty if required to marry people. The members of those religious bodies would be concerned about the use of the buildings in such cases.