Churches face challenge on same-sex unions
Churches could be sued by homosexual rights activists who want same-sex marriage, the Government has admitted.
The Church of England and the Church in Wales are to be explicitly banned by
law from holding same-sex weddings under the Bill.
Maria Miller, the equalities minister, promised that “watertight” protections
would prevent religious organisations from being forced to conduct same-sex
weddings against their wishes.
However, she admitted that the Government was powerless to prevent
campaigners bringing legal action against churches in an attempt to overturn the
safeguards.
Peter Tatchell, the human rights campaigner, said the plan to give special
protection to the two Churches was “open to legal challenge”.
The first homosexual couples are expected to marry in churches within the
next 18 months. Under the plans, same-sex couples will be known as “husband and
husband” and “wife and wife”.
The reforms proposed yesterday go further than the earlier plans to legalise same-sex civil marriages, which would not have allowed any religious groups to host same-sex weddings.
Mrs Miller insisted faith organisations should have the freedom to “opt in”.
But she told MPs that churches, synagogues and mosques that object would be given a “quadruple lock” of legal protections, including changing the Equality Act, against being forced to conduct homosexual weddings.
Asked whether the Government could guarantee that no legal actions would be taken to challenge the safeguards, Mrs Miller said: “Obviously, that’s up to individuals.”
Helen Grant, the junior equalities minister, said: “We can’t stop them considering bringing litigation but I would be very confident in view of what we are doing that they would lose.”
Campaigners for equal rights for same-sex couples, including Stonewall, welcomed the new reforms. Mr Tatchell called the exemptions “a disappointing fudge that perpetuates inequality”.
“Discriminating between faith groups is probably illegal under the Human Rights Act and the European Convention on Human Rights,” he said.
Mrs Miller, the Culture Secretary, was criticised by many of her back-bench Conservative colleagues for failing to consult the public properly on such a radical social reform.
Sir Gerald Howarth, a former defence minister, said the official consultation had been “a complete sham”.
Richard Drax, the Tory MP, demanded: “I would like to ask the Secretary of State and the Government what right have they got, other than arrogance and intolerance, to stamp their legislative boot on religious faith?”
Roman Catholic archbishops strongly oppose the plans. The former Bishop of Oxford, Lord Harries of Pentregarth, said many Anglicans, including bishops, supported gay marriage.
“Notwithstanding the official position of the Church of England on this, a good number of members of the Church of England warmly welcome the Government’s position,” he told the Lords.
He said that “a fair number” of bishops also supported it but were unable to say so “because of the political situation the Church of England finds itself in”.
The reforms proposed yesterday go further than the earlier plans to legalise same-sex civil marriages, which would not have allowed any religious groups to host same-sex weddings.
Mrs Miller insisted faith organisations should have the freedom to “opt in”.
But she told MPs that churches, synagogues and mosques that object would be given a “quadruple lock” of legal protections, including changing the Equality Act, against being forced to conduct homosexual weddings.
Asked whether the Government could guarantee that no legal actions would be taken to challenge the safeguards, Mrs Miller said: “Obviously, that’s up to individuals.”
Helen Grant, the junior equalities minister, said: “We can’t stop them considering bringing litigation but I would be very confident in view of what we are doing that they would lose.”
Campaigners for equal rights for same-sex couples, including Stonewall, welcomed the new reforms. Mr Tatchell called the exemptions “a disappointing fudge that perpetuates inequality”.
“Discriminating between faith groups is probably illegal under the Human Rights Act and the European Convention on Human Rights,” he said.
Mrs Miller, the Culture Secretary, was criticised by many of her back-bench Conservative colleagues for failing to consult the public properly on such a radical social reform.
Sir Gerald Howarth, a former defence minister, said the official consultation had been “a complete sham”.
Richard Drax, the Tory MP, demanded: “I would like to ask the Secretary of State and the Government what right have they got, other than arrogance and intolerance, to stamp their legislative boot on religious faith?”
Roman Catholic archbishops strongly oppose the plans. The former Bishop of Oxford, Lord Harries of Pentregarth, said many Anglicans, including bishops, supported gay marriage.
“Notwithstanding the official position of the Church of England on this, a good number of members of the Church of England warmly welcome the Government’s position,” he told the Lords.
He said that “a fair number” of bishops also supported it but were unable to say so “because of the political situation the Church of England finds itself in”.
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