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Gay marriage: Religious 'opt-in' offered, but not to CofE Gay marriage to be illegal in the Church of England
(about 1 hour later)
  
The Church of England and Church in Wales will be banned in law from offering same-sex marriages, the government has announced.The Church of England and Church in Wales will be banned in law from offering same-sex marriages, the government has announced.
Other religious organisations will be able to "opt in" to holding ceremonies, Culture Secretary Maria Miller said.Other religious organisations will be able to "opt in" to holding ceremonies, Culture Secretary Maria Miller said.
But she added that the Church of England and Church in Wales had "explicitly" stated strong opposition and would not be included.But she added that the Church of England and Church in Wales had "explicitly" stated strong opposition and would not be included.
The plans are due to be introduced before the next election, in 2015.The plans are due to be introduced before the next election, in 2015.
Labour backs the changes, which apply to England and Wales, and urged ministers not to be "too reserved" in promoting them.Labour backs the changes, which apply to England and Wales, and urged ministers not to be "too reserved" in promoting them.
The Church of England and Roman Catholics, among other denominations, have voiced opposition to same-sex marriage. The Church of England and Roman Catholics, among other denominations, have voiced opposition to same-sex marriage and are expected to oppose the bill, even with its caveats.
But some religious groups, including Quakers, Unitarians and Liberal Judaism, are in favour.But some religious groups, including Quakers, Unitarians and Liberal Judaism, are in favour.
In her statement, Mrs Miller promised a "quadruple lock" to protect religious freedom, involving:In her statement, Mrs Miller promised a "quadruple lock" to protect religious freedom, involving:
  • No religious organisation or individual minister being compelled to marry same-sex couples or to permit this to happen on their premises
  • Making it unlawful for religious organisations or their ministers to marry same-sex couples unless their organisation's governing body has expressly opted in to provisions for doing so
  • Amending the 2010 Equality Act to ensure no discrimination claim can be brought against religious organisations or individual ministers for refusing to marry a same-sex couple
  • The legislation explicitly stating that it will be illegal for the Church of England and the Church in Wales to marry same-sex couples and that Canon Law, which bans same-sex weddings, will continue to apply
  • No religious organisation or individual minister being compelled to marry same-sex couples or to permit this to happen on their premises
  • Making it unlawful for religious organisations or their ministers to marry same-sex couples unless their organisation's governing body has expressly opted in to provisions for doing so
  • Amending the 2010 Equality Act to ensure no discrimination claim can be brought against religious organisations or individual ministers for refusing to marry a same-sex couple
  • The legislation explicitly stating that it will be illegal for the Church of England and the Church in Wales to marry same-sex couples and that Canon Law, which bans same-sex weddings, will continue to apply
Although Culture Secretary Maria Miller has stressed the government's determination to press ahead with this plan for gay marriage, she has unveiled a series of legal concessions.Although Culture Secretary Maria Miller has stressed the government's determination to press ahead with this plan for gay marriage, she has unveiled a series of legal concessions.
The upshot of that, it seems to me, is that only a very small number of churches or establishments are likely to be available to same-sex couples for wedding ceremonies.The upshot of that, it seems to me, is that only a very small number of churches or establishments are likely to be available to same-sex couples for wedding ceremonies.
That will undoubtedly appease many of her critics, particularly on her own backbenches.That will undoubtedly appease many of her critics, particularly on her own backbenches.
The danger with the explicit legal ban on same sex marriage in the Church of England and Church in Wales, is it will anger many supporters of gay marriage who feel she has given far too much ground.The danger with the explicit legal ban on same sex marriage in the Church of England and Church in Wales, is it will anger many supporters of gay marriage who feel she has given far too much ground.
Mrs Miller said the Church of England and Church in Wales had "explicitly stated" their opposition to offering same-sex ceremonies, so the government would "explicitly state that it will be illegal for the Churches of England and Wales to marry same-sex couples".Mrs Miller said the Church of England and Church in Wales had "explicitly stated" their opposition to offering same-sex ceremonies, so the government would "explicitly state that it will be illegal for the Churches of England and Wales to marry same-sex couples".
She also said: "I am absolutely clear that no religious organisation will ever be forced to conduct marriages for same-sex couples, and I would not bring in a bill which would allow that.She also said: "I am absolutely clear that no religious organisation will ever be forced to conduct marriages for same-sex couples, and I would not bring in a bill which would allow that.
"European law already puts religious freedoms beyond doubt, and we will go even further by bringing in an additional 'quadruple legal lock'. But it is also a key aspect of religious freedom that those bodies who want to opt in should be able to do so.""European law already puts religious freedoms beyond doubt, and we will go even further by bringing in an additional 'quadruple legal lock'. But it is also a key aspect of religious freedom that those bodies who want to opt in should be able to do so."
For Labour, shadow home secretary Yvette Cooper, welcomed the announcement, saying : "We should not stop people from getting married and getting that recognition from the state on grounds of gender or sexuality.For Labour, shadow home secretary Yvette Cooper, welcomed the announcement, saying : "We should not stop people from getting married and getting that recognition from the state on grounds of gender or sexuality.
"And we should not here in Parliament say that some loving relationships have greater value than others.""And we should not here in Parliament say that some loving relationships have greater value than others."
Plans to legalise same-sex marriage have divided the Conservative Party and more than 100 Tory MPs are thought to be against the idea.Plans to legalise same-sex marriage have divided the Conservative Party and more than 100 Tory MPs are thought to be against the idea.
Religious freedomReligious freedom
One of these opponents, Peter Bone, asked the Commons: "How dare the secretary of state try to redefine marriage?"One of these opponents, Peter Bone, asked the Commons: "How dare the secretary of state try to redefine marriage?"
Richard Drax said: "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?"
Another, Sir Tony Baldry, who speaks for the Church of England in Parliament, said: "For the Church of England, the uniqueness of marriage is that it does embody the distinctiveness of men and women.Another, Sir Tony Baldry, who speaks for the Church of England in Parliament, said: "For the Church of England, the uniqueness of marriage is that it does embody the distinctiveness of men and women.
"So removing from the definition of marriage this complementarity is to lose any social institution where sexual difference is explicitly acknowledged.""So removing from the definition of marriage this complementarity is to lose any social institution where sexual difference is explicitly acknowledged."
Some Conservative MPs grumbled during Mrs Miller's statement that promises to "preserve" marriage had been broken.
They said that when Civil Partnerships became law, they had been reassured that same sex marriages would not follow.
A look back at the Commons Hansard, from the second reading of the Civil Partnerships Bill, on 12 October 2004, provides some evidence for their claims.
Labour's Chris Bryant, a vocal supporter of same-sex marriages, told the Commons eight years ago that he didn't want "same-sex relationships to ape marriage in any sense".
The then Equality Minister, Labour's Jacqui Smith, said she recognised that people felt "very strongly about specific religious connotations of marriage". She said the government was right to take a "secular approach to resolve the specific problems of same-sex couples".
Her then Conservative shadow, Alan Duncan, who is now a minister in the coalition government, said it would be up to Churches to decide what happened in future on the issue of same-sex marriages.
"The clear distinction between a civil secular partnership and the institution of marriage will, in my view, be preserved," he said.
The Catholic Church stepped up its opposition, accusing ministers of ignoring a 600,000-signature petition supporting the status quo.
Archbishop Vincent Nichols, the leader of the Roman Catholic Church in England and Wales, and Archbishop Peter Smith, the Archbishop of Southwark, said opponents of gay marriage should lobby MPs "clearly, calmly and forcefully, and without impugning the motives of others".
In a statement, they said: "The meaning of marriage matters. It derives that meaning from its function as the foundation of the family.
"The union of one man and one woman for love and mutual support and open to procreation has over the centuries formed a stable unit we call the family."
Church of England Bishop of Leicester, the right reverend Tim Stevens, warned the issue was creating a division between the political classes and practising religious people.
He said both the government and the opposition needed to try to get more consensus on same-sex marriage, adding that he was concerned about the stability of communities.
Prime Minister David Cameron said last week that he believed same-sex marriages should be allowed in churches - but only if there was a "100%" guarantee that no church, synagogue or mosque would be forced to hold one against their wishes.Prime Minister David Cameron said last week that he believed same-sex marriages should be allowed in churches - but only if there was a "100%" guarantee that no church, synagogue or mosque would be forced to hold one against their wishes.
But a number of senior Tories including Education Secretary Michael Gove, London Mayor Boris Johnson and former Prime Minister John Major have backed same-sex marriage by religious bodies. A number of other senior Tories, including Education Secretary Michael Gove, London Mayor Boris Johnson and former Prime Minister John Major, have also backed same-sex marriage by religious bodies.
Ben Summerskill, chief executive of the gay rights organisation Stonewall, said: "We're delighted about the government's statement today and welcome the promise to legislate for equal marriage as warmly as on the three previous occasions that this announcement has been made.Ben Summerskill, chief executive of the gay rights organisation Stonewall, said: "We're delighted about the government's statement today and welcome the promise to legislate for equal marriage as warmly as on the three previous occasions that this announcement has been made.
"We're particularly pleased that ministers have been persuaded to extend their original proposal in order to permit same-sex marriages for those religious denominations that wish to hold them. This is an important matter of religious freedom.""We're particularly pleased that ministers have been persuaded to extend their original proposal in order to permit same-sex marriages for those religious denominations that wish to hold them. This is an important matter of religious freedom."
'Husband' and 'wife''Husband' and 'wife'
The consultation on plans for same sex marriage received 228,000 submissions.The consultation on plans for same sex marriage received 228,000 submissions.
In its response to the consultation the government says it has no plans to change the definition of adultery or non-consummation of a marriage - which means neither could be cited as grounds for divorce in a same-sex marriage, unless the adultery was with someone of the opposite sex.In its response to the consultation the government says it has no plans to change the definition of adultery or non-consummation of a marriage - which means neither could be cited as grounds for divorce in a same-sex marriage, unless the adultery was with someone of the opposite sex.
They also dismiss the fear that the terms "husband" and "wife" could be removed as a result of same sex marriages.They also dismiss the fear that the terms "husband" and "wife" could be removed as a result of same sex marriages.
The government says: "That is not the case - on the contrary these proposals will allow more people to use those terms.The government says: "That is not the case - on the contrary these proposals will allow more people to use those terms.
"Couples will continue to be able call each other whatever they wish in their personal life, and in legal and official documents, the terms husband and wife will continue to be used.""Couples will continue to be able call each other whatever they wish in their personal life, and in legal and official documents, the terms husband and wife will continue to be used."
They also say that teachers "particularly in faith schools will be able to continue to describe their belief that marriage is between a man and woman whilst acknowledging and acting within the new legislative position which enables same sex-couples to get married".They also say that teachers "particularly in faith schools will be able to continue to describe their belief that marriage is between a man and woman whilst acknowledging and acting within the new legislative position which enables same sex-couples to get married".