Question about English law on religion and marriages

Fri Apr 18 11:24:30 PDT 2008

        Very interesting, thanks!  It sounds like the law does not prohibit religious same-sex ceremonies, but just requires that the *signing* be done with no religious service in progress, and off religious premises.  Still, while this isn't a very great burden, I wonder what's the point.  Can anyone shed light on this?  Thanks,
 
    Eugene


________________________________

	From: religionlaw-bounces at lists.ucla.edu [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Caroline Abbott
	Sent: Friday, April 18, 2008 11:16 AM
	To: Law & Religion issues for Law Academics
	Subject: Re: Question about English law on religion and marriages
	
	
	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 <http://www.islingtongazette.co.uk/content/islington/gazette/news/story.aspx?brand=ISLGOnline&category=news&tBrand=northlondon24&tCategory=newsislg&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
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		-- 
		Vance R. Koven
		Boston, MA USA
		vrkoven at world.std.com 
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