The National Secular Society has backed the Government’s proposed reforms to make wedding law freer and fairer for couples of all religions and beliefs in England and Wales.
The Ministry of Justice (MoJ) announced last year it would reform marriage laws in to make it “more straightforward” for couples to have legally binding religious ceremonies – as well as allowing nonreligious groups, such as humanists, to conduct legal ceremonies for the first time.
The reforms will also allow couples to marry in a “wider range of locations”, by moving from a “buildings-based model” to an “officiant-based model”.
The NSS has long engaged with the Government and the Law Commission to reform the ancient wedding laws of England and Wales. The Government’s proposals are in line with many of the NSS’s own recommendations.
More freedom, more protection against forced marriage
In England and Wales, most couples may only marry in a registered place of worship or, in the case of civil ceremonies, “approved premises”. Only Jewish and Quaker weddings may legally take place anywhere.
The NSS has long campaigned for all couples to be able to marry in any suitable location, regardless of the nature of the wedding. Switching to an ‘officiant-based’ system will achieve this, by making the legal status of the wedding determined by the officiant who conducts it, rather than the building it takes place in.
In its consultation response, the NSS supported the proposal that independent celebrants be permitted to conduct legally binding weddings, because doing so would provide greater freedom for couples to personalise their weddings according to their beliefs or preferences.
The consultation proposed that civil ceremonies permit limited, incidental religious content, for example in readings or music. The NSS supported this move as it provides greater freedom for couples without undermining the civic nature of the wedding.
The NSS also supported prohibitions on state-employed officiants (registrars) leading or participating in religious content in order to uphold the secular nature of the legal aspects of civil ceremonies, and protect the freedom of religion or belief of the registrar.
The MoJ proposed several measures to prevent forced, predatory and sham marriages, such as using in-person interviews and providing information on forced marriage when the couple gives their online notice to marry.
The NSS supported these plans. However, it warned that a proposal to allow “consent to be expressed through the performance of actions in religious and nonreligious belief ceremonies”, rather than stating explicit words of consent as required for civil ceremonies, could leave individuals vulnerable to forced marriage. It urged the Government to adopt the same required words for religious and non-religious belief ceremonies.
The NSS also objected to certain privileges being retained for Church of England weddings, such as exempting clergy from a requirement to renew their authorisation. The exemptions are due to the complexities of establishment.
The NSS said “no religious or nonreligious belief group should be subject to different treatment”.
NSS: “Greatly encouraged” by proposed reforms
NSS head of campaigns Megan Manson said: “We are greatly encouraged by the Government’s proposed reforms to wedding law, which will drastically improve equal access to weddings for all people in England and Wales, regardless of their religion or belief.
“We were pleased to see that the Ministry of Justice has taken on board many of the recommendations we have been making for years.
“We urge the Government to press ahead with these reforms to ensure no couple’s wedding is hampered by antiquated and unfair restrictions.”
The consultation closes on Thursday, 24th September. Submissions can be made here.