Equal marriage September 2014 Background and purpose of - - PowerPoint PPT Presentation

Equal marriage

September 2014

Background and purpose of consultation

• States: “investigate and report…whether it would be

appropriate to introduce legislation…”

• Equal marriage not just same-sex marriage
• Report:

– informed by consultation and feedback different

• ptions

– inc. information on consequences and learning

• Different people hold very different views: aim of

meeting to discuss and listen, rather than address differences

Options Report to States Assembly

phase one

Draft law

phase two

States debate

Consultation

Regulations and consequential changes

phase four Implementation Late Nov 2014 ? ? Phase five phase three ? ?

Same-sex marriage Humanist and non-religious marriage Civil partnerships Adultery

Options for consideration

Religious marriage ✔conducted by religious official

✔prescribed words ✔married person’s rights ✔ adultery X same-sex

Civil partnership

X marriage X religious marriage ✔ optional religious blessing ✔ civil partner’s rights X adultery

Civil marriage ✔ conducted by government official

✔ prescribed non-religious words ✔ religious blessing ✔ married person’s rights ✔ adultery X same-sex

Civil union

✔ civil marriage for all

X religious marriage ✔ religious blessing ✔married persons right’s ✔ Jersey law X humanist/non-religious option X Jersey law ? same-sex and opposite sex ? adultery ✔ Jersey law ✔ Same-sex X opposite sex

Same-sex marriage options

Option 1: Same-sex civil marriage only Option 2: Same-sex civil marriage and same-sex religious marriage Option 3: Same-sex and opposite civil marriage only (Civil Union) Opt-in for faith groups: “the quadruple lock”

• Opposite-sex marriage; same-sex civil partnership
• Transgender people have to divorce

A quadruple lock

• 1. Same-sex religious marriage only possible if:
• religious organisation opted-in, and
• religious official consents to conduct, and
• if ceremony is in place of worship, it is register for same-sex marriage
• 2. Law would explicitly state no religious organisation or official can be

compelled to opt-in

• 3. Discrimination Law would state it is not unlawful for religious
• rganisations or officials to refuse to marry same-sex couples
• 4. Existing legal duty on Anglican Church to marry parishioners would not

extent to same-sex couples PLUS Canon Law, which states marriage is a union between a man and woman, would be protected European Court of Human Rights case law makes it clear that same-sex marriage is a matter for individual governments to decide. Any case would be against the government, not the religious organisation.

Humanist marriage options

Option 1:

• introduce Humanist and non-religious marriage
• inc. same-sex couples if same-sex marriage

introduced

• No Humanist marriage
• Civil marriage followed by Humanist blessing

Civil partnership options

Option 1: Civil partnership for opposite-sex and same-sex couples Option 2: Civil partnership for same-sex couples only (status quo)

X abolishing civil partnership

• Same-sex couples only
• No protection in law for common-law/co-habiting

couples

• Transgender people have to dissolve partnerships

Adultery: grounds for divorce or dissolution

Option 1: Introduce adultery as grounds for dissolution of a civil partnership Option 2: Remove adultery as grounds for divorce in a marriage Option 3: New definition of adultery

• Divorce: affair with someone of the opposite sex
• Not grounds for dissolution of civil partnership
• Act between a man and a woman

non-consummation as grounds for annulment

Online: www.gov.je/consult Paper copy: reception at Cyril Le Marquand House Write to: same-sex marriage consultation Email: a.hamon2@gov.je Or me: r.johnson@gov.je Consultation closes: 22 October