Question about English law on religion and marriages
Caroline Abbott
czhabbott at gmail.com
Fri Apr 18 11:16:24 PDT 2008
To the point, from Part 2: Civil Partnership: England and Wales,
Chapter 1<http://www.opsi.gov.uk/acts/acts2004/ukpga_20040033_en_2#pt2-ch1-pb1-l1g2>
:
2 Formation of civil partnership by registration
(1) For the purposes of section 1, two people are to be regarded as having
registered as civil partners of each other once each of them has signed the
civil partnership document—
(a) at the invitation of, and in the presence of, a civil partnership
registrar, and
(b) in the presence of each other and two witnesses.
(2) Subsection (1) applies regardless of whether subsections (3) and (4) are
complied with.
(3) After the civil partnership document has been signed under subsection
(1), it must also be signed, in the presence of the civil partners and each
other, by—
(a) each of the two witnesses, and
(b) the civil partnership registrar.
(4) After the witnesses and the civil partnership registrar have signed the
civil partnership document, the relevant registration authority must ensure
that—
(a) the fact that the two people have registered as civil partners of each
other, and
(b) any other information prescribed by regulations,
is recorded in the register as soon as is practicable.
*(5) No religious service is to be used while the civil partnership
registrar is officiating at the signing of a civil partnership document.*
http://www.opsi.gov.uk/acts/acts2004/ukpga_20040033_en_2#pt2-ch1-pb1-l1g2
On 4/18/08, Vance R. Koven <vrkoven at gmail.com> wrote:
>
> Here's an excerpt from the Civil Partnership Act 2004, Ch. 33 §6 (I claim
> fair use for this short excerpt under governing US law--Eugene can defend
> me):
>
> *2004 CHAPTER 33 *
>
> Butterworths UK Statutes
> Copyright 2008, Butterworths Tolley UK
> a division of Reed Elsevier, Inc.
> All rights reserved.
> *** THIS DOCUMENT IS CURRENT THROUGH 22 FEBRUARY, 2008 ***
> *CIVIL **PARTNERSHIP** ACT 2004*
> *2004 CHAPTER 33*
> *PART 2 **CIVIL** PARTNERSHIP:** ENGLAND AND WALES*
> *Registration procedure: general*
> Royal Assent [18 November 2004]
> Civil Partnership Act 2004, Ch. 33, s. 6 (Eng.)
> *6 Place of registration*
>
> (1) The place at which two people may register as civil partners of each
> other--
>
> (a) must be in England or Wales,
>
> (b) must not be in religious premises, and
>
> (c) must be specified in the notices, or notice, of proposed civil
> partnership required by this Chapter.
>
> (2) "Religious premises" means premises which--
>
> (a) are used solely or mainly for religious purposes, or
>
> (b) have been so used and have not subsequently been used solely or mainly
> for other purposes.
>
> [(3) Subsections (3A) and (3B) apply in the case of registration under the
> standard procedure (including that procedure modified as mentioned in
> section 5).
>
> (3A) The place must be--
>
> (a) on approved premises, or
>
> (b) in a register office.
>
> (3B) If it is in a register office, the place must be open to any person
> wishing to attend the registration.
>
> (3C) In this Chapter "register office" means a register office provided
> under section 10 of the Registration Service Act 1953.]
>
>
> On Fri, Apr 18, 2008 at 12:44 PM, Volokh, Eugene <VOLOKH at law.ucla.edu>
> wrote:
>
> > An English newspaper site reports:
> >
> > http://www.islingtongazette.co.uk/content/islington/gazette/news/story.a
> > spx?brand=ISLGOnline&category=news&tBrand=northlondon24&tCategory=newsis
> > lg&itemid=WeED16%20Apr%202008%2013%3A51%3A32%3A940
> >
> > Newington Green Unitarian Church, which the 18th century feminist Mary
> > Wollstonecraft once attended, has announced it will not hold marriages
> > until it is able to conduct civil partnerships for gay couples....
> >
> > At the moment, the law bans any religious service from taking place
> > during a gay civil partnership....
> >
> > Is that really the law in England? Many thanks,
> >
> > Eugene
> > _______________________________________________
> > To post, send message to Religionlaw at lists.ucla.edu
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> >
>
>
>
> --
> Vance R. Koven
> Boston, MA USA
> vrkoven at world.std.com
> _______________________________________________
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secret ballot, to choose or change the character or form of government under
which they dwell; that freedom of speech and thought should reign; that
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should administer laws which have received the broad assent of large
majorities or are consecrated by time and custom. Here are the title deeds
of freedom which should lie in every cottage home. Here is the message of
the British and American peoples to mankind. Let us preach what we practice
- let us practice - what we preach.
--Winston Churchill, "The Sinews of Peace"
Fulton, Missouri (5 March 1946)
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