My Lords, I had occasion to take part in the same-sex marriage legislation in this House with one objective at the time, which was to balance the opportunity for people of the same sex to marry with the liberty of those of religious belief who disagreed that their Church or belief should be compelled to perform a same-sex marriage within their religious context. This was an extremely important element of that legislation.
The religious liberty exception, which the amendments of the noble Lord, Lord Morrow, seek to introduce into this Bill, was embodied in the original legislation, which this House passed through a Conservative Government. It has worked in the sense that I know of only one case where somebody has alleged discrimination against a religious practitioner in relation to same-sex marriage, which did not succeed. Why has there been only one case in six years? It is because the Act, when finally passed here, struck a reasonable balance between the two different interests. The amendments in the name of the noble Lord, Lord Morrow, basically incorporate into this legislation and, by amendment, into the amendment of the noble Lord, Lord Hayward, the protective provisions of our existing statute.
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There are three protective provisions. First, there is no compulsion for religious entities or religious servants to perform such a marriage. Secondly, there is no discrimination if people try to get such a marriage and are refused—it cannot be the basis of any claim against the Church involved. Lastly, the religions involved should have the right to educate reasonably, with balance, their young believers in relation to this topic. The House passed that particular section and I want to emphasise one point. The provision in the previous legislation was mandatory, not discretionary. First, why should it be discretionary for one part of the United Kingdom and not another? Secondly, the text concerning the protections in Amendment 11B includes a stern phrase. It says that regulations on these protections,
“must include provision … prohibiting any person or religious body being compelled by any means”,
to carry out things that they do not want to carry out. The phrase “by any means” is not a term of art; it is one of comprehensive definition and it was introduced by the Government.
At this stage, it borders on the difficult to believe for the nation to be told that what was good six years ago should now be discretionary, without any evidential foundation, when it appears to have worked. I strongly urge the noble Lord, Lord Hayward, from a sense of balance to accept the amendments of the noble Lord, Lord Morrow, and to delete proposed new subsection (6) in Amendment 11.
The noble Lord, Lord Lexden, referred to the involvement of the noble Baroness, Lady Stowell, in this legislation. I well remember—she might too—that after Third Reading, in the words of gratitude about the passage of the Bill, she emphasised that this very sensitive part of the new procedures had generally been accepted. Let it continue.