Quaker view on same sex marriages - updated January 2012

Background: Quaker decision on same sex relationships

At their Yearly Meeting in York in 2009, Quakers in Britain sought a change in the law so that same sex marriages can be prepared, celebrated, witnessed, reported to the state, and recognised as legally valid, without further process, in the same way as opposite sex marriages are celebrated in Quaker meetings.  Quakers consider that they should be able to follow the insights of their membership in celebrating life-long committed relationships between a man and a man, or a woman and a woman, in exactly the same way as they currently recognise the marriage of opposite sex couples.

What is the current legal position?

The Civil Partnership Act of December 2005 said that in England and Wales and Scotland same sex partnerships could be registered as civil partnerships in law, but that such registrations could not take place in the context of religious worship. Civil partnership is not recognised as marriage, although registered civil partners share almost the same legal rights and responsibilities as heterosexual couples. The Equality Act 2010, section 202, removed the ban on civil partnership registrations being held on religious premises in England and Wales.

The Equality Act 2010

What did Waheed Alli’s amendment to the Equality Bill propose?
The amendment lifted the ban on religious buildings being used in civil partnerships in England and Wales. The restrictions on civil partnerships had been introduced by the Civil Partnerships Act 2004. The amendment provided for an order-making power for registering religious premises for the conduct of civil partnerships. It made clear that nothing in the amendment could compel religious organisations to conduct civil partnerships against their conscience.

Key stages of this amendment to the Equality Bill

25 January 2010 Amendment 119 to the Bill proposed by Lord Alli with the support of Julia Neuberger proposed to end the current ban on the use of religious premises for and religious language in the celebration of civil partnerships. During debate many speakers gave warm support for the Quakers’ stance on same sex marriage. The amendment was withdrawn.

03 March 2010 Waheed Alli (Labour), Baroness Elizabeth Butler-Sloss (Cross Bencher) and Baroness Jane Campbell of Surbiton (Cross Bencher) tabled amendment 53 to the Equality Bill at Report Stage. There were 95 votes for the amendment and 21 against.

23 March 2010 Third Reading of the Equality Bill. Lord Alli’s amendment proposing civil partnerships be permitted in religious premises will be clause 202. It will require consultation and further subsidiary legislation (after the general election May 2010).

8 April 2010 The Equality Bill received Royal Assent so it is now an Act of Parliament. Further consultation with the faith communities will determine how the provisions of the Equality Act (section 202) on civil partnerships on religious premises are carried out.

17 February 2011 the Government announced that religious buildings will be allowed to host civil partnership registrations. The change will be entirely voluntary and will not force any religious group to host civil partnership registrations if they do not wish to do so. Ministers also identified a desire to move towards civil marriage and civil partnerships, and will be consulting further how legislation can develop.

December 2011 The Equality Act 2010 included a section that allowed civil partnerships to be held on religious premises in England and Wales, if a faith group wishes. On 5 December regulations came into effect. On 15 December the House of Lords debated Baroness O’Cathain’s attempt to revoke the regulations to allow civil partnerships registration. This attempt was withdrawn and the regulations came into effect.

Why did Quakers backed Lord Alli’s amendment to the Equality Bill?

Gillian Ashmore, then Recording Clerk for Quakers in Britain said: “Current law provides for opposite sex couples to marry in either a religious or civil ceremony as they choose. But for same sex couples there is no such choice: civil partnership ceremonies cannot use religious language or take place in religious buildings. The amendment deserved to succeed on the grounds of both equality and religious liberty.”

She continued: “Waheed Alli’s amendment to the Equality Bill is a sensible and timely change to the law. Same sex couples who wish to give legal effect to their committed relationships may now be able to do so in a worshipful setting in their meeting houses, synagogues, churches or mosques. It is a significant step towards the recognition of full equality of same sex and heterosexual relationships. Waheed Alli’s amendment goes a long way towards translating the decision of Quakers in Britain at York into legislative form. We look forward to taking part in further consultations with the government to flesh out the detail of how these proposals will work in practice.”

Quaker understanding of marriage

Marriage is not a mere civil contract, but a religious act. (Yearly Meeting in London 1848). For the right joining in marriage is the work of the Lord only, and not the priests’ or magistrates’; for it is God’s ordinance and not man’s; and therefore Friends cannot consent that they should join them together: for we marry none; it is the Lord’s work, and we are but witnesses. (George Fox 1669) See http://www.quaker.org.uk/we-are-but-witnesses

Who can have their civil partnership or marriage solemnized in a Quaker meeting house?
Quaker marriage is not open to all, but is for members and those who, while not in formal membership, are in unity with its religious nature and witness.

Does a registering officer need to be present?

Each Quaker area meeting appoints suitable members as registering officers who are normally present at the solemnisation of a marriage at a meeting for worship. They ensure that marriages are prepared, celebrated, witnessed, reported to the state, and legally valid. Quaker meetings do not have clergy.

Historical note

• The Council of Trent (1545-63) agreed that a priest had to be present at a marriage, rather than just lay witnesses. It was the consent of the partners which made the sacrament and not the presence of the priest.
• In the sixteenth century marriage was understood to be a public event, with marriages listed in parish registers  and a Catholic priest present for a blessing.
• Archbishop Cranmer’s Prayer Book of 1549 recognized three purposes, according to Scripture, for which marriage was ordained: the procreation and nurture of children; as a remedy against sin (i.e. a framework for fidelity and a proper non promiscuous context for loving sexual relations); and  for the mutual society, help and comfort of man and wife.
• In 1653, under the Barebones Parliament, the civil registration of marriages in the presence of a Justice of the Peace had become compulsory. The Marriage Act of 1656 confirmed that. Quakers refused to be married before a clergyman or to use the Book of Common Prayer for worship.
• In 1661 “Judge Arthur stated in a ruling that ‘Quakers . . . did not go together like brute beasts (as has been stated) but as Christians’. . . The 1662  Act of Uniformity  was passed to ensure conformity with the Church of England . . . marriages should be solemnized in the presence of clergy . . . potentially the Quakers’ crime with the most serious ramifications was their marriage in their own meeting”. (from Trevett: Women and Quakerism in the 17th Century, 1991)
• In 1753 Quakers were given the right to conduct marriages in England and Wales, but case law before that recognised the validity of Quaker marriages.
• Quakers began to call for a sexual morality based on the worth of relationships in 1963 with the publication of 'Towards a Quaker view of Sex'. This collection of essays was not an official Quaker statement on sexuality but was published by the Literature committee of the Friends Home Service Committee as a contribution to thought on an important subject. Since then, Quakers have developed through tolerance to widespread acceptance of same sex partnerships, particularly since the formation of the now Quaker Lesbian and Gay Fellowship in 1973.
• There was no formal stage of 'recognising' same sex partnerships nationally as Quaker procedures allowed it to happen: there was nothing against it. The first meetings for commitment were in 1996. Since then, around twenty local meetings have celebrated same sex relationships through an official meeting for commitment.
• Quakers responded to the government consultation ahead of the Civil Partnership Act 2005.  Quaker Life Central Committee and its committee on Eldership and Oversight wrote: “Quaker Life welcomes your proposals offering same-sex couples equal treatment with opposite-sex couples.  We support the balance of equal rights with equal responsibility.  We hope these registrations may be mutually recognised within the United Kingdom and outside it. Quaker Meetings in some parts of Britain have already celebrated same-sex commitments in meetings for worship, and more will do so.”
• Following the Civil Partnership Act of December 2005, same sex couples in England, Wales and Scotland, who share Quaker beliefs may opt for a blessing or commitment ceremony after entering a civil partnership.
• The Civil Partnership Act allows same sex partnerships to be registered as civil partnerships in law, but such registrations cannot take place in the context of religious worship. Civil partnership is not recognised as marriage, although registered civil partners share almost the same legal rights and responsibilities as heterosexual couples.
• The total number of civil partnerships formed in the UK since the Civil Partnership Act came in December 2005 is 26,787. (Office for National Statistics)
• A petition to legalise religious civil partnerships is in process to the Scottish Parliament. Some Scottish Quakers are supporting that.
• March 2012 A public consultation to consider how to make civil marriage available to same-sex couples will begin in March 2012.

Media Information
Anne van Staveren
0207 663 1048 or 07958 009703
annev@quaker.org.uk  www.quaker.org.uk