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 options – inc. information on consequences and learning • Different people hold very different views: aim of meeting to discuss and listen, rather than address differences

phase one phase three States debate Options Report to Consultation ? States Assembly phase four Late Nov 2014 Regulations and consequential changes phase two ? Draft law Phase five Implementation ? ?

Options for consideration Same-sex marriage Humanist and non-religious marriage Civil partnerships Adultery

Religious marriage Civil union ✔ conducted by religious official ✔ civil marriage for all ✔ prescribed words X religious marriage ✔ married person’s rights ✔ religious blessing ✔ adultery ✔ married persons right’s X same-sex X Jersey law ? same-sex and opposite sex ? adultery ✔ Jersey law X humanist/non-religious option Civil partnership X marriage X religious marriage Civil marriage ✔ optional religious blessing ✔ conducted by government official ✔ c ivil partner’s rights ✔ prescribed non-religious words X adultery ✔ religious blessing ✔ married person’s rights ✔ Jersey law ✔ adultery ✔ Same-sex X same-sex X opposite sex

Same-sex marriage options • Opposite-sex marriage; same-sex civil partnership • Transgender people have to divorce Option 1: Same-sex civil marriage only Option 2: Same-sex civil marriage and same-sex religious marriage Opt- in for faith groups: “the quadruple lock” Option 3: Same-sex and opposite civil marriage only (Civil Union)

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 organisations 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 • No Humanist marriage • Civil marriage followed by Humanist blessing Option 1: • introduce Humanist and non-religious marriage • inc. same-sex couples if same-sex marriage introduced

Civil partnership options • Same-sex couples only • No protection in law for common-law/co-habiting couples • Transgender people have to dissolve partnerships 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

Adultery: grounds for divorce or dissolution • Divorce: affair with someone of the opposite sex • Not grounds for dissolution of civil partnership • Act between a man and a woman 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 non-consummation as grounds for annulment

Consultation closes: 22 October 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