Same-sex Marriage in Churches

Edward Leigh Excerpts

Monday 10th December 2012 Commons Chamber

[Mr Edward Leigh (Gainsborough) (Con)]

(Urgent Question): To ask the Minister for Women and Equalities if she will make a statement on same-sex marriage in churches.

[The Minister for Women and Equalities (Maria Miller)]

Following the Government’s consultation, which looked at how to allow same-sex couples to marry, we will put to the House tomorrow our plans on how we intend to legislate. Our position remains that we firmly support marriage. It is one of the most important institutions we have in our country. The Government should not stop people getting married unless there are very good reasons for doing so, and I do not believe that being gay is one of them.

In respecting the rights of gay couples to have access to civil marriage, we also fully respect the rights of religious institutions when they state that they do not wish to carry out same-sex marriages. Freedom of religious belief is as important as equality. The views that people of faith hold should not be marginalised and should be fully respected. I would never introduce a Bill that encroaches on religious freedom or that could force religious organisations or religious ministers to conduct same-sex marriages.

The case law of the European Court of Human Rights and the rights as set out in the European convention on human rights put protection of religious belief in that matter beyond doubt. The Government’s legal position confirmed that, with appropriate legislative drafting, the chance of a successful legal challenge through domestic or European courts is negligible. I have therefore asked the Government’s lawyers to ensure that that is the case here.

There are long-standing plans to make a statement to the House, which will now be done tomorrow. It will set out the Government’s response to the consultation and outline our plans on how to take forward equal civil marriage, in line with our decision to legislate before the end of this Parliament. I believe that it will be vital to continue to work with religious organisations to ensure that effective safeguards are in place.

[Mr Leigh]

Whatever one’s views on this issue, it is clearly highly controversial and legally complex. There has just been the biggest consultation ever, with four times the number of sponsors than any previous consultation. If the Government are going to announce a change of policy, surely they should come to this House of Commons first. May I ask the Minister why the Prime Minister announced on television over the weekend that, contrary to what was in the consultation, he now wants to legislate for same-sex marriage in churches? The consultation specifically excluded same-sex marriage in churches; it was about civil marriage. Now that the Government have done a U-turn on the matter, will there be a brand-new consultation? Does the Minister accept that this change of policy greatly increases the chance of human rights litigation to force churches to have same-sex marriages against their will and that we should have a consultation on that? The state has no right to redefine people’s marriages.