Religion and Marriage Law: The Need for Reform
Russell Sandberg
Abstract
Marriage law in England and Wales is a historical relic which reflects a bygone age. Successive governments have made a series of progressive but ad hoc reforms, most notably the introduction of civil partnerships and same-sex marriage. However, this has resulted in a legal framework which is complex and controversial, especially in relation to religion. Different rules apply to different religions and some of the legal requirements indirectly discriminate against some religions that do not have a tradition of marriages occurring in a place of worship. This leads to the problem of unregistered ... More
Marriage law in England and Wales is a historical relic which reflects a bygone age. Successive governments have made a series of progressive but ad hoc reforms, most notably the introduction of civil partnerships and same-sex marriage. However, this has resulted in a legal framework which is complex and controversial, especially in relation to religion. Different rules apply to different religions and some of the legal requirements indirectly discriminate against some religions that do not have a tradition of marriages occurring in a place of worship. This leads to the problem of unregistered religious marriages where the couple have a religious marriage but do not comply with the requirements to make it legally binding and so on relationship breakdown they do not have the rights that legally married couples enjoy. Moreover, unlike many jurisdictions English law does not recognise weddings conducted by humanist or independent celebrants as being legally binding. This book provides the first accessible guide to how contemporary marriage law affects religion and identifies pressure points particularly in relation to non-religious organisations and unregistered religious marriages. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for how the transformation of these laws can be achieved.
Keywords:
Marriage,
Law,
Religion,
Islam,
Humanism,
Weddings,
Reform
Bibliographic Information
Print publication date: 2021 |
Print ISBN-13: 9781529212808 |
Published to Policy Press Scholarship Online: January 2022 |
DOI:10.1332/policypress/9781529212808.001.0001 |