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Sarah Edwards (Tamworth) (Lab)
I beg to move,
That this House has considered the recognition of humanist marriages.
It is an honour to serve under your chairship, Dame Siobhain. I start by declaring an interest as a member of the all-party parliamentary humanist group, to which Humanists UK provides the secretariat. Many Members present are also members of the APPG.
Dearly beloved, we are gathered here today to witness the joining of the hon. Member for Tamworth, my hon. Friend the Member for Morecambe and Lunesdale (Lizzi Collinge) and the hon. Member for Henley and Thame (Freddie van Mierlo), who jointly requested this debate to discuss our wish to see humanist marriages made legal throughout the UK. We are grateful to the Backbench Business Committee for granting this important debate.
Humanists UK trains and accredits celebrants who, just this morning, will probably have conducted at least four weddings and a funeral. I pay tribute to such celebrants, one of whom conducted my grandmother’s funeral, but this debate is about humanist marriage. Why? Because despite conducting tens of thousands of ceremonies every year, including weddings, they are legally recognised in only some of the UK jurisdictions in which they operate, and are not legally recognised in England, Wales or the Isle of Man.
Humanist weddings are non-religious wedding ceremonies conducted by accredited humanist celebrants. Humanists UK defines humanists as non-religious people who rely on the scientific method to understand the universe. Humanists make ethical decisions based on reason, empathy and concern for others, and believe that meaning in life is something that we all discover for ourselves through seeking happiness and contributing to the wellbeing of others.
Humanist ceremonies are a manifestation of that philosophy—an expression of self-created meaning and shared happiness. Those ceremonies should be a profound reflection of the participants’ values and beliefs, their relationship, their families and friends, and their place in the world. Central to the ceremony is a focus entirely on the couple, ensuring that it is deeply personal, while remaining inclusive of all of those attending, irrespective of their diverse religious beliefs. Humanist weddings are a manifestation of the couple’s non-religious beliefs and identity, and they are built collaboratively with their loved ones to reflect all of their contributions.
It is rare for most non-religious people to express their beliefs publicly, and unlike religious people, there is no compulsion to attend a place of worship on a weekly basis. For those who choose to have a humanist wedding, it is an opportunity for a rare public expression of their beliefs, which makes their wedding feel all the more significant and makes it all the more tragic that such weddings are not legally recognised in England and Wales.
In creating such a ceremony, humanist celebrants can dedicate up to 40 hours—sometimes more—to working closely with the couple. That substantial time investment is focused on getting to know the couple so that the celebrant marrying them is not someone who they have just met on the day, but someone who they have a solid, personal relationship with. It is focused on a deep understanding of the couple, their shared values and their feelings for one another, enabling the creation of a ceremony with enduring impact. It is more than the one-time commitment that can be associated with other forms of marriage solemnisation.
The location of the ceremony often holds particular significance as well. The focus is on finding the place that will be most meaningful, which could be where the couple met, where they fell in love or where they got engaged; it could be a garden, their local beach or where they go on holiday. For example, my hon. and learned Friend the Member for Folkestone and Hythe (Tony Vaughan) had a humanist wedding. His partner is Scottish, and he told me that they picked Scotland over England for their marriage partly for that reason, but also because they wanted the marriage to be legal. They got married in the highlands in a place of huge personal significance for them.
Humanist marriages have legal recognition in Scotland, Northern Ireland, Jersey, Ireland and Guernsey, but we have inequity within the UK because Wales and England remain the exception. The Welsh Government have long championed the change, but progress ultimately hinges on the UK Government’s willingness to act.
Humanist marriages have proved incredibly popular where they are legally recognised, with more humanist than religious marriages currently taking place in Scotland. The number of such weddings in Ireland and Northern Ireland has also grown enormously, but in England, the lack of legal recognition suppresses the huge demand.
Anneliese Dodds (Oxford East) (Lab/Co-op)
My hon. Friend is making a powerful case. When it comes to equity, I am sure she is aware that the High Court ruled five years ago that there was an issue of discrimination. The approach since then has been that we need to wait for wholesale marriage reform, but this is a very simple change. Does she agree that the Government should just take it forward, given the overwhelming case for it, and not wait for wholesale marriage reform?
Sarah Edwards
I totally agree with my right hon. Friend. I will go on to give more detail about the challenges that we are facing, and about the easy option that we have for the Government. I hope that, after today, they will take that forward and I look forward to hearing more about that.
Thousands of people still have humanist weddings each year, but to do so, they must also undergo a separate civil marriage ceremony to gain legal status. That frequently imposes a significant financial burden, with weekend civil marriage fees often exceeding £600—a cost that religious couples do not face. The alternative statutory low-cost ceremonies can cost just £57, but they are increasingly difficult to access, with many authorities restricting their availability and location, and even limiting attendee numbers.
I can attest to those challenges, because my mother, Rosi, got married this year to her partner, Henry, in England. The limitations placed on the choices available for the civil ceremony were stark, and the restrictions meant that only my brother Joe and I were able to attend. There were just a handful of slots available in a six-month period, so the choice of a humanist wedding would have been welcome.
Beyond the financial and administrative burdens, the current dual-ceremony requirement creates distressing ambiguity for couples regarding the true date of their marriage. It is inadequate that the ceremony that holds the most personal and emotional significance for a couple is not recognised as the legal date of their union.
Why has legal recognition not yet been granted? Parliament gave the Government the power to introduce legal recognition for humanist marriages through a simple order under the Marriage (Same Sex Couples) Act 2013, but the Act required a public consultation before any action could be taken. That consultation took place in 2014 and revealed overwhelming support—over 95% of people were in favour of legal recognition—but rather than acting on that clear mandate and drafting the necessary statutory instrument, the then Government referred the issue to the Law Commission for a broader review of marriage law, delaying the process indefinitely.
The main reason given at the time was concern about where those marriages could take place. The then Government argued that allowing humanist or other belief-based weddings in unrestricted locations might be unfair. They pointed out that most religious groups are limited to registered places of worship, and they worried it could seem unfair to non-religious, non-humanist couples who might want the same freedom of choice.
Although it is clear that flexibility of location holds particular importance in the humanist tradition, using that as a reason to block legal recognition has always felt disproportionate. In fact, Humanists UK recently obtained a briefing from Melanie Field, who has deep expertise in this area. She was the lead civil servant on the 2013 Act, and before that, the Equality Act 2010. More recently, she served as chief strategy and policy officer at the Equality and Human Rights Commission. Her view is clear that
“The case for removing the discrimination against humanists by making an Order under the existing power in the Marriage (Same Sex Couples) Act 2013, even if done as an interim measure pending wider reform, is overwhelming.”
She goes on to say that allowing humanist marriages to take place anywhere would not create new inconsistencies and, in fact, would align closely with the existing rules for Quaker and Jewish weddings. She sees no legal barrier, no disadvantage to other groups, and no reason that the Government cannot act.
The decision not to proceed in 2014, and the failure to act since, has meant that tens of thousands of couples have missed out on the kind of ceremony that truly reflects who they are. That injustice continues today. The 2014 decision led to a review in 2015, which led to another, broader review from 2018 to 2022. Each time, the scope expanded. What began as a simple consultation about humanist marriages—something that could have been resolved with a single statutory instrument—has now become a full-scale review of the entire marriage system. Even if that wider reform were worthwhile, it cannot be right that humanists have been left waiting all this time when a straightforward solution has been available from the start.
No end is in sight. In the 2020 High Court ruling, following a judicial review brought by six couples, the judge was clear that
“the present law gives rise to…discrimination”.
The court further stated that the Secretary of State could not
“simply sit on his hands”.
At the time, it accepted that Government inaction was only because the Law Commission review was under way—but that was five years ago. Is that justification still valid?
I hope that the Minister will be able to provide some positive news on the position that this new, progressive Labour Government are taking on the issue, because Labour Governments are at the forefront of moving the dial to reduce inequality across society and have always challenged discriminatory practices. I am proud of that legacy and I encourage the extension of our values to humanist marriages.
Let us not wait any more. The previous Conservative Government had ample time to resolve the issue, even after the Law Commission published its findings, yet despite the evidence, the public support and the legal clarity, they failed to act. Now, the responsibility and the opportunity rest with this Labour Government. This is not a complex or controversial reform; it is an easy win.
The legal recognition of humanist marriages led to a rise in the number of weddings in Scotland, and it would have excellent benefits for the wedding industry, boosting local economies and supporting small businesses. It will be hugely popular, and who does not love a good wedding? Polls consistently show that the majority of the public and, indeed, the majority of MPs support the legal recognition of humanist marriages. That support is growing as more and more couples are able to choose humanist ceremonies each year. Recognition would give the Government a legacy to be proud of—a legacy on a par with the legislation of same-sex marriage, as a moment of progress, of fairness and of aligning the law with the values of the peoples that they serve.
Let us not forget that that is what Labour promised: from 2014 to the last election, the Labour party made a clear and repeated commitment to lay the order once in power. We are keen to do that, as is my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), who is unable to attend today’s ceremony but said he would join us post nuptials at the reception, as he wishes to add his support. We request haste to end this discrimination and deliver a change that would give thousands of couples the right to have their deeply meaningful and humanist wedding legally recognised in every part of the UK. I ask the Minister: can we lay this legislation? We have had a very long engagement. Minister, will you marry our ambitions with your Government’s agenda? Can we finally set the date?
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
It is a pleasure to serve under your chairship, Dame Siobhain. I start by thanking my hon. Friends the Members for Tamworth (Sarah Edwards) and for Morecambe and Lunesdale (Lizzi Collinge), and the hon. Member for Henley and Thame (Freddie van Mierlo), for securing this important—and, may I say, really lovely —debate.
I should stress that the strength of feeling and frustration around legally recognising humanist weddings is very clear to me from this debate. It is important for me to acknowledge at the outset that the Government fully understand and recognise the significance of the issue to hon. Members and to humanists more widely. I am aware that a number of hon. Member from both Houses are campaigning on the issue, including those Members who secured the debate. I thank all hon. Members for taking part and expressing their deeply personal experiences and views. It has really contributed to this positive debate.
Andrew Copson, chief executive of Humanists UK, has been at the forefront of this campaign. He has met officials from my Department on a number of occasions, and it has been very helpful to understand his views on the issue as we take forward any potential reform. It is also only right that I acknowledge the frustrations that humanists have felt while campaigning for a change to the law. I appreciate that this change has been ongoing on for a long time. For many humanists, the inclusion of the order-making power within the Marriage (Same Sex Couples) Act 2013 was hard fought for, and I know that it has been disappointing to them that this power has not been used to date.
I also do not think it would be right to have this debate without recognising the important contribution that humanists make to society. Humanists have often been at the forefront of the fight for social justice, campaigning for fairness, respect and equality for all. I join in celebrating the celebrants mentioned today for all the work they do to conduct weddings, funerals and important life events. The Government hugely acknowledge the tireless work of humanists, whether that is campaigning to abolish blasphemy laws, or Humanists UK raising the profile of illegal independent schools within Government.
I know that my noble Friend Lord Khan was very pleased to attend the World Humanists Day reception last year as the Minister for Faith, Communities and Resettlement. When the Prime Minister was Leader of the Opposition, he spoke in 2021 to mark Humanists UK’s 125th anniversary, saying:
“Ever since its foundation as an ethical movement, humanists have contributed enormously to our party’s and our nation’s achievements…Humanists and Humanists UK have been at the forefront of the fight for social change: to decriminalise homosexuality, to end corporal punishment in schools, and to introduce free school meals.”
I could not have put it better myself. That quote captures the profound and lasting impact of Humanists UK.
We are having this debate because marriage is one of our most important institutions. At its best, it is a celebration of love, a symbol of enduring partnership and a deeply personal commitment. Marriage can provide many benefits, including emotional support, financial stability and legal protections. For those who choose to marry, it is a significant and meaningful decision—one that this Government are proud to promote and protect. Although the state rightly has a responsibility to ensure that marriage laws provide clarity and certainty around the legal status of marriage, we believe the conversation can and should go further. Our weddings law should always reflect the importance and meaning of marriage as an institution.
It is important to acknowledge the shape of our current law around weddings and explain how we have got to where we are, so let me begin by reflecting on the history of marriage law in England and Wales—unlike some wedding speeches, I promise to keep it brief and free of groan-inducing jokes.
Our weddings law has evolved gradually over centuries, with its core structure rooted in the 18th and 19th centuries. The foundations of weddings law were laid by the Clandestine Marriages Act 1753. The Act was designed to prevent secret or hasty marriages by requiring weddings to be undertaken by Anglican clergy in a parish church or public chapel. While the Act permitted Anglican weddings only, it explicitly exempted Jewish and Quaker marriage ceremonies. The Marriage Act 1836 marked a significant turning point, introducing civil marriage for the first time and allowing weddings to take place in registry offices and non-Anglican places of worship. It also brought in civil preliminaries, acknowledging the state’s interest in there being legal certainty about who is married.
The fundamental structure established in 1836 remains largely in place today, consolidated within the Marriage Act 1949. The model on which our law is based is broadly a buildings-based model, which means that most marriages are regulated according to the building in which they take place. There are exceptions to the system, because Jews and Quakers are not bound by this restriction and may marry in any location.
There is discrepancy in the law, because couples must choose between a civil or a religious wedding. If they opt for a religious wedding, the rules that apply will vary depending which religion the ceremony is conducted according to. Civil weddings, by contrast, must be held at a register office or at premises that have been officially approved for that purpose. Therefore, it is for historical reasons that humanists are currently unable to conduct legally binding weddings. There is no provision in our legislative framework for non-religious belief ceremonies to be legally binding, as a wedding must either be religious or civil.
As others have said, the Law Commission published a report in 2022 reviewing weddings law and concluded that it is
“inconsistent and complicated, inefficient, unfair, and needlessly restrictive”.
It found that the law does not work for couples of many different religions and beliefs, including humanists. The report was the result of extensive research and stakeholder engagement; the Law Commission received more than 1,500 responses to its consultation and engaging with more than 50 key stakeholders. It provided a number of instances where the law does not work for many couples, and one prominent example is that humanist couples are unable to have legally recognised humanist weddings in England and Wales.
The Law Commission also highlighted discrepancies affecting different religious groups. For instance, Muslims, Sikhs, Buddhists and Hindus are required to marry in a registered place of worship, regardless of whether that place of worship is meaningful in a marriage context, and must use a prescribed form of words. In contrast, Jew and Quaker couples are permitted to marry in any location and without any prescribed wording. Another example identified was the challenges faced by mixed-faith couples, who are currently unable to have ceremonies that might reflect two different faiths.
To address the wide range of problems identified with the current law, the Law Commission made 57 recommendations for reform, underpinned by the proposal that current weddings law should be overhauled and a new legislative framework should be put in place. The Law Commission proposed a new framework to ensure that all groups are treated with fairness and consistency on how they get married.
I am keenly aware that humanists have expressed the view that the Law Commission’s recommendations do not provide the solution they are seeking. One of the main reasons for that is their preference for the Government to act quickly and use the order-making power, as several hon. Members have mentioned, which would allow for humanist weddings to take place within the current legislative framework.
Andrew Cooper
I understand the Minister’s point, but that does not accurately characterise my position. I am very happy for the Government to do a broader set of reforms, but I and others are arguing that we do not necessarily need to wait for that before acting on humanist marriage. The two things could happen in parallel. Would the Minister agree with that?
Alex Davies-Jones
It is important to ensure we do this properly. I am against any piecemeal reform here. If we are to do this, we need to do it properly and together, so that it is succinct. There are ways that that can be done, as I am about to come on to.
I acknowledge the calls made during this debate for the Government to take that step, and to take it quickly, and I will address them directly. Although it is true that using the order-making power would allow non-religious belief organisations to marry within the current framework of weddings law, it is important for us to take into account what the Law Commission has said about doing that. The Law Commission highlighted the complexities of the law in this area and concluded that exercising the order-making power is not, in its view, a viable option. As a responsible Government, we must take that view into account when considering the issue of weddings reform.
Cat Eccles
Does the Minister agree that those measures already exist for Quakers? Humanists are not asking for a huge change in the law.
Alex Davies-Jones
I totally agree, and I recognise that point, which I have addressed in terms of Jews and Quakers; this is about equality before the law, but we need to recognise the concerns raised by the Law Commission about what making that change on its own could entail. We need to look at this in the round, which is exactly what the Government are doing.
I know that the hon. Members who secured this debate will be disappointed when I say that it would not be responsible for the Government to ignore the Law Commission’s report, but we cannot ignore the fact that the report identified a number of complex and significant recommendations. It is absolutely essential that those are considered carefully and in full, and that is exactly what we are doing. I stress that that does not mean the issue of humanist marriage is being overlooked. On the contrary, the Government are actively considering the matter of humanist weddings as part of their broader review of the Law Commission’s report.
As I have said, we are considering the issues very carefully. Although I know hon. Members will be disappointed that the Government have not yet made commitments in relation to the issue, I hope the debate today has at least provided some assurance that the Government understands and hear the strength of feeling on the issues, including the key importance not just of weddings, but of marriage itself, and that we are looking into them with the utmost care and attention. I hope that assures hon. Members that I very much sympathise with humanists’ wish for legally binding weddings. I am happy to confirm—and say “I do”—that my officials are working on this at pace, and that an update on the Government’s position on weddings law reform will come soon. In answer to my hon. Friend the Member for Tamworth, we may not yet be able to set the date, but we can certainly start planning.