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Humanist and Open-Air Marriages STATES OF JERSEY HUMANIST AND OPEN-AIR MARRIAGES Lodged au Greffe on 15th June 2015 by Deputy L.M.C. Doublet of St. Saviour STATES GREFFE 2015 Price code: C P.65 PROPOSITION THE STATES are asked to decide whether they are of opinion (a) to agree, in principle, that celebrants approved by the Superintendent Registrar and accredited by the British Humanist Association (or by similar organisations whose principal or sole purpose is the advancement of a system of non-religious beliefs which relate to morality or ethics) should be permitted to solemnise marriages in Jersey; (b) to agree, in principle, that the current legislation be amended to allow the solemnisation of marriages in the open air, including public spaces such as beaches; and (c) to request the Chief Minister or Minister for Home Affairs, as appropriate, to bring forward for approval by the States the necessary draft legislation to give effect to the proposals. DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR Page - 2 P.65/2015 REPORT The Council of Ministers are taking the opportunity to review our marriage laws following the equal marriage consultation. I want to add 2 further considerations which were not on the options paper: humanist weddings and open-air weddings. In terms of allowing humanist marriage this is a matter of equality and freedom of belief, and for open-air marriage it is simply sensible to consider it now while the laws are being worked on. This is an opportunity to really make Jersey’s marriage laws the best they can be in terms of practicality, choice, fairness and opportunities for our economy. Principle 1 – Legalise humanist weddings 1. Summary 2. The history of equal marriage consultation 3. Present position in Scotland 4. Other jurisdictions 5. The case for legal recognition for humanist weddings as marriages 6. Addressing arguments made against the proposal Principle 2 – Legalise open-air weddings 1. Summary 2. History of marriage location legislation 3. Position of other jurisdictions 4. The case for permitting the solemnisation of marriages in the open air 5. Addressing arguments against the proposal Appendix 1: Distinctive elements of a humanist marriage Appendix 2: Testimonies from couples who have had humanist weddings Humanist Weddings 1. Summary The proposal would allow humanist weddings to be recognised as legal marriages in Jersey, as they are in Scotland. In Scotland, the number of humanist weddings has increased sharply since legal recognition to over 3000 in each year, with many couples travelling from elsewhere in the UK to have a legally recognised humanist ceremony. The recent consultation on equal marriage in Jersey found a significant amount of support for humanist marriage. Furthermore, the legal recognition of humanist weddings is in keeping with the principles expressed in the Chief Minister’s response to the consultation, which called upon the States of Jersey to ‘support marriage in all its forms’. Humanist marriages are distinct from civil ceremonies, and would grant humanist couples the same choice religious people have of a meaningful ceremony composed by a person who shares their values and approach to life. The legal recognition of humanist marriages would be just and fair, meeting genuine public demand and solidifying Jersey’s reputation as a progressive, innovative jurisdiction. Page - 3 P.65/2015 2. History of equal marriage consultation The States of Jersey’s Equal Marriage and Partnership consultation was launched in 2014, attracting a response from roughly 1.5% of the population, and included a section on humanist marriages. It found that 54% of respondents were in favour of same-sex marriage, and 46% against. Half of respondents explicitly stated their support for humanist marriage, while many left it blank. The responses in favour of both same-sex and humanist marriage put forth similar arguments for their stance: most believed that the law should treat all couples equally, saw marriage as a loving, long-term commitment and could see no impediment to different kinds of couples making the same declaration. This applied to, in the first instance, sexual orientation and, in the second, personal beliefs. Some opposed making humanist marriage legal on the grounds that civil marriages already existed, displaying some confusion over the distinction between secular and humanist ceremonies. The options paper, published in November 2014, displayed some of this conflation, concluding that since couples ‘can already marry via a civil ceremony in Jersey, or via a humanist ceremony in another jurisdiction that has already introduced humanist marriage’ there was no need to introduce it into Jersey. This was despite the fact that Senator Gorst has declared that his aim was ‘to uphold marriage for all couples, all families and for the wider community.’ (Source - http://www.gov.je/News/2014/Pages/EqualMarriageReport.aspx) Following the consultation, a commitment has been made to bring forward legislation which will allow same-sex couples to get married in civil and religious ceremonies by the end of 2017, but there are no plans for humanist marriages to be made legal. 3. The present position in Scotland The Registrar General for Scotland granted temporary authorisation to certain humanist celebrants to conduct legally recognised marriages in Scotland in 2005, under section 12 of the Marriage (Scotland) Act 1977. The Marriage and Civil Partnership (Scotland) Act 2014 broadened the “religious” category of marriage to “religious or belief” and so placed humanist bodies on the same footing as religious organisations in relation to the solemnisation of marriage. The number of humanist weddings in Scotland has seen a sharp increase since it was legally recognised. In 2005, there were fewer than 100 humanist weddings, in 2009 this figure was 1,544 and in 2012 it rose to 3,052. The latest available statistics from Scotland’s Registrar General show that, of 27,547 marriages in 2013, 3,185 were humanist. The number of humanist weddings has now overtaken the number of Roman Catholic marriages in Scotland, of which there were 1,582 in 2013. The rise of humanist marriages has come despite a consistent fall in the overall number of weddings since humanist marriage was made legal. The increase in the number of humanist weddings has far outweighed the decline in civil weddings, and since direct ‘switches’ from church weddings to humanist ones are highly unlikely, it would seem that, without humanist weddings, the overall total would have fallen more sharply. Additionally, humanist weddings have helped maintain Scotland’s marriage tourism market, as humanist celebrants report that up to Page - 4 P.65/2015 a quarter of the couples they marry travel from elsewhere in the UK to have a legally recognised humanist ceremony. 4. Other jurisdictions In addition to Scotland, Ireland legalised humanist marriage in 2012. As a result, the number of humanist marriages there has increased rapidly from 209 in 2013, to 750 in 2014. Other jurisdictions which give legal recognition to humanist marriages include: Australia since 1973; New Zealand since 1976; Ontario, Canada; Norway since 2004; Iceland since 2013. In all nations they are popular and have contributed to increasing numbers of marriages. 5. The case for legal recognition for humanist weddings as marriages a. It would be fair Couples who wish to marry on Jersey have the option of a legal civil marriage. Religious couples also have the option of a legal marriage based on their deepest beliefs and values conducted by a person who shares those beliefs and values. But adherence to profound and life-shaping beliefs is not confined to those who profess a religion. Humanist weddings are deeply significant and moving occasions but at present they have no legal significance. Since 2012, there have been 9 humanist weddings in Jersey, despite their lack of legal recognition. The evidence from Scotland suggests this number would drastically increase following its legalisation, both from humanist couples resident on the island and those travelling from elsewhere. The legalisation of humanist marriage adheres to the same principles of equal treatment that impelled the Chief Minister to support same-sex marriage, which will directly benefit a similarly small number of people (an estimated 44). Moreover, the response to the Equal Marriage and Partnership consultation clearly stated that, regardless of the eventual number who benefit from reforms to marriage laws, ‘all Islanders potentially benefit from living in a community which treats people with greater equality’. The legalisation of humanist marriage is concordant with these principles. b. It would be popular The consultation on equal marriage found that around half of respondents explicitly stated their support for the introduction of humanist marriage. The respondents saw recognition of humanist marriages as indicative of greater equality and acceptance of people’s different philosophical beliefs. In Scotland, the number of humanist marriages has increased from fewer than 100 to over 3000 per year since legal recognition. Polls in UK find widespread support for humanist marriage, with a YouGov poll finding four times as many people in England supported legal recognition of humanist marriage (53%) as opposed it (12%). An increasing number of English and Welsh couples have decided to travel to Scotland for a legally recognised ceremony. In Jersey, it is already clear that non-religious ceremonies are more popular than religious ceremonies. In 2013 there were 341 civil wedding ceremonies compared to Page - 5 P.65/2015 148 religious ones. Allowing humanist weddings would give more options to those couples who would like to have a meaningful, non-religious wedding ceremony. c. There would be an economic benefit in the form of marriage tourism The latest Jersey Tourism report notes that the UK remains the dominant source market for tourism to Jersey. It also points out that the UK tourism market is highly competitive and consumer choice constantly increasing.
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