The lack of legal recognition for humanist weddings in England and Wales has been criticised as discriminatory, with couples who do not want to marry in religious settings facing additional costs and inconvenience, peers in the House of Lords have said.
Currently, couples who have a humanist wedding must also undertake a separate civil ceremony at a registry office for the marriage to be legally recognised, unlike those who marry in religious ceremonies.
Two years ago, the Law Commission recommended changes to the law to address this disparity, but progress has yet to be made. Lord Cashman, crossbench peer and co-founder of Stonewall, called the situation a “gross unfairness”. He said:
“Couples wishing to have a humanist ceremony, at the moment in England and Wales, must also have a civil ceremony, which means additional cost, additional outlay. Will the Government, instead of giving excuses, move forward and commit itself to taking action?”
Justice minister Lord Ponsonby of Shulbrede responded by acknowledging concerns but stated the Government would take a broader approach.
The debate follows a 2020 legal judgment that found humanists were treated differently under the current system. However, the judgment deemed the difference justified, as the Conservative government at the time sought to address these issues as part of wider reforms.
Lord Dubs, speaking on behalf of Baroness Thornton, called for urgent action. Lord Ponsonby reiterated the Government’s intention to consider the matter comprehensively.
A 2022 Law Commission report recommended comprehensive reforms to marriage law in England and Wales. Among the proposals was shifting the focus from licensing venues to licensing officiants, aligning with the legal framework in Scotland, where humanist ceremonies have been legally recognised since 2005.
Baroness Murphy criticised the ongoing delays, pointing out that there are currently 350 religious organisations in England and Wales registered to conduct weddings.
Lord Ponsonby acknowledged the “anomalies” in marriage law but maintained that they affect both religious and non-religious groups, requiring a comprehensive review.
Peers highlighted Scotland’s success in legally recognising humanist weddings, where such ceremonies have become the most popular form of nuptial celebration.
Crossbench peer Lord Birt questioned the continued delay in England and Wales, asking: “How can we any longer deny the humanist option to those who want to wed in England?”
Lord Ponsonby attributed the discrepancy to differences in marriage laws across the UK and said these factors would be considered in the ongoing review.
