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Equality Bill

My Lords, I hardly need say that I fully respect the views expressed by the noble Lord, Lord Alli, and all those who have supported him. For my part, I cannot support an amendment that blurs the distinction between civil partnership and marriage, particularly when we were all assured when the Civil Partnership Act was going through Parliament that the distinction was crucial and would be maintained, not least by keeping civil partnerships within the secular field. In saying that, I am paraphrasing the remarks made by the noble and learned Baroness, Lady Scotland, on 12 May 2004 at col. GC140. I am not at all impressed by the argument that all we are talking about is allowing bodies to conduct civil partnerships within their religious premises, with the new clause making plain that no obligation is placed on religious organisations to register civil partnerships. If this amendment were carried, it would only be a matter of time before it was argued that it was discriminatory for a church incumbent to refuse to allow a civil partnership ceremony to take place when the law allowed it. I hardly need say that subsection (4) of the new clause could not possibly bar a remedy under the Human Rights Act. The Human Rights Act and Clauses 19 and 29 of the Bill would be invoked and the incumbent prepared to register marriages but not to register civil partnerships would be accused of discrimination on grounds of sexual orientation in the provision of services and pressure would be brought to bear on him to pocket his principles and do what he believed to be wrong. I do not call that religious freedom. Without doubt there would be the risk of costly litigation, and even if an action based on the Human Rights Act and the sections of the Equality Act banning indirect discrimination did not succeed, it would not be long before Stonewall was back, demanding repeal of this permissive provision and for a clear duty to be placed on churches to register civil partnerships. Is that not the way Stonewall has always worked? And was not Mr Ben Summerskill of Stonewall hinting just that when recently he said that right now faiths should not be forced to hold civil partnerships although in 10 or 20 years’ time things may change. Finally, it is no light matter to suggest that because a Christian church is used for the solemnisation of marriage, it is perfectly proper to use it for an entirely different purpose. In spite of the support it has received from some clergymen, many Christians in this country would be deeply unhappy if this proposed new clause were to be carried into law.