Government fails to include humanists in outdoor marriage reforms

The UK Government has today announced it will make permanent the legal recognition of outdoor civil and religious marriages in England and Wales. The decision follows a consultation on the matter, that Humanists UK responded to. Humanists UK has expressed its disappointment that similar reform has not been used to legally recognise humanist marriages. It has urged the Government to do so without delay.

In 2020, the High Court ruled that the failure to extend legal recognition to humanist marriages was discriminatory. But the decision to delay reform was deemed to be justified by the Law Commission’s ongoing review into marriage law, now expected to report in July of this year. However, this justification was only considered lawful because the Government said that piecemeal reform to marriage law was undesirable. In particular, it cited inconsistencies in existing law around outdoor marriages. It has now undermined this argument. It remains unclear why outdoor marriages can receive legal recognition prior to the outcome of the review, while humanist marriages cannot.

Legislation to make outdoor civil marriages and civil partnerships permanent will be laid later today. Reforms to extend legal recognition to outdoor religious marriages expected later this year. Temporary measures to recognise outdoor marriages were first introduced in June 2021. The Government consulted on making these permanent in December.

Legal recognition of humanist marriages has been under constant Government review since the 2013 Marriage Act gave it the power to extend legal recognition to them by order.

Humanists UK’s Chief Executive Andrew Copson commented:

‘We’ve often heard the Government line that any piecemeal reform of marriage law must wait until the outcome of the Law Commission’s review. But the decision today to recognise outdoor civil and religious marriages has undermined that position. If piecemeal reform like this is possible, it is all the more disappointing the Government has been dragging its feet on humanist marriages for so long.

‘In making today’s decision, the Government pointed to the popularity of reform on outdoor marriages amongst the public. But humanist marriages, too, have long had the weight of public opinion on their side, with a 2014 consultation finding 95% support for a change in the law.

‘Just like outdoor civil and religious marriages, humanist marriages would be popular, meaningfully increase the choice of couples, and provide a much-needed boost to the weddings industry. We once again urge the Government to extend legal recognition to humanist marriages without delay.’