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Background to section 202 of the Equality Act 2010

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  • What Cameron failed to say???:?? of late when promoting his same sex ''MARRIAGE'' original idea??

     

     

    Lynne Featherstone MP, Minister for Equalities,

    with a range of faith and lesbian, gay and bisexual (LGB) groups, the Government announced on
    17 February 2011 its intention to remove the legal barrier to civil partnerships being registered
    on religious premises by implementing section 202 of the Equality Act 2010.
    1.2
     
    Making this change will allow those religious organisations that wish to do so to host civil
    partnership registrations on their religious premises. This voluntary provision is a positive step
    forward for both LGB rights and religious freedom.
    1.3
     
    The Government published a consultation document on 31 March 2011, seeking views on the
    practical arrangements necessary to implement this change. The consultation ran until June 23
    2011. This document provides a summary of the responses received during the consultation.
     
    1,6
    Th esponses to the consultation were received. Of these, 343 responses were on the official
    pro forma which addressed each question in turn and 1,274 were responses by email or letter.
    Of those submitting the official pro forma, 145 were from organisations and 198 from individuals.
    1.5
     
    All responses were gratefully received and individually considered by the Government
     Equalities Office.
    1.6
     
    A copy of the draft regulations to implement the proposals consulted on is included as part
    of this document and reflects the many useful and constructive responses received during the
    consultation period. These regulations will be laid before Parliament shortly so that they are
    able to come into force by the end of 2011, subject to the will of Parliament.
     
    Background to section 202 of the Equality Act 2010
    1.7
     
    During the passage of the Equality Bill in Parliament, section 202 was proposed as an
    amendment to the Bill. The clause was debated and voted on in both the House of
     
    Commons and the House of Lords and, on the basis of those votes, became a part of the
    Equality Act 2010.
    1.8
     
    Section 202 removes in England and Wales the specific ban in the Civil Partnership Act 2004
    on civil partnerships being registered on religious premises. Section 202 was designed to be
    a permissive piece of legislation – its aim was to remove a legal barrier in order to support
    freedom of religion for those organisations which wish to host civil partnership registrations on
    their premises.
    1.9
     
    The voluntary nature of section 202 was at the heart of the proposals outlined in the
    consultation document. The proposals were designed to put in place a regime that enables faith
    groups to opt in, respects the different decision-making structures of different faith groups,
    protects faith groups and individual ministers from the risk of successful legal challenge if they
    do not wish to host civil partnership registrations, and is straightforward for local authorities to
    operate. The draft regulations, attached at Annex 1, uphold those aims.
     
    There was some concern expressed during the consultation period, in particular by some faith
    groups, about the legal protections available to those who do not wish to apply to host civil
    partnership registrations on their premises. These concerns have been considered carefully
    in detail and the Government remains confident that there is protection from the risk of
    successful legal challenge. To avoid any doubts about the voluntary nature of the process they
    create, the regulations specifically reiterate the principle set out in section 202 that there is no
    obligation on a religious organisation to seek approval for its religious premises to host civil
    partnership registrations.
     
    2.11
     
    It would not be for Government to determine how individual faith groups operate, nor
    should it be the function of local authorities to be involved in the internal discussions within
    a particular faith group. Therefore the regulations are clear that it is for a ‘governing authority’
    of a faith group to determine whether their consent is required for any applications for their
    premises to be approved. In responding to the consultation, faith groups were asked whether
    they wished to have their governing authority specified in the regulations. Those that responded
    on this point are included in Schedule A1 to the draft regulations. However, it is not essential
    that faith groups’ governing authorities are specified in Schedule A1 as the application process
    caters for those who do not have specified bodies in the regulations.
    2.12
     
    Those faith groups which specified a relevant authority have been named at Schedule A1 to the
    regulations. This includes bodies representing the Catholic Church, the Church in Wales, the
    Church of England, the Methodist Church and the Quakers. The General Assembly of Unitarian
    and Free Christian Churches, the Quakers and a number of independent churches and faith
    groups responded to make clear that the decision whether to seek approval for premises
    would be made in each local congregation.
     
    Basically ''NOT in my bloody church you don't''   (The proposals set out in the consultation document and the draft regulations reflect the entirely voluntary nature of this regime. The Government has carefully considered the concerns raised about potential legal challenges and remains confident that the proposals provide

    protection from the risk of successful legal challenge)   the get out clause if the EHRC rule on it.

     

    So no change then. just a public relations excercise

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at July 26, 2013 10:33 AM BST
      March 19, 2013 9:37 PM GMT
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  • Until Camerons ''New bill'' is passed it is illegal under common law, to make entry in the church record of marriage for same sex marriages. So even if you have got married in church, ''The Ceremony'' you will still have to nip down the registry office to sign up and make it legal.
    Cristine Jennifer Shye.  B/L.  B/Acc
      March 20, 2013 1:05 AM GMT
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  • Isn't that similar though to anybody getting married in say a Roman Catholic church, a registrar of births, marriages and deaths has to be present to sign the the marriage certificate. They normally wait in the vestry where the couple go to sign.
      April 7, 2013 11:42 AM BST
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  • Carol the way I read it, it is the signing of any register on church property,   (Common law, the legal recognition of marriage)

     

    2.24
    The consultation document proposed that religious premises where civil partnerships may be
    registered must be: Certified by the Registrar
    General as a place of meeting religious worship; or
    Used for worship by and belong to the Church of England or the Church in Wales; or
    A meeting house of the Society of Friends or a Jewish synagogue.
     
    2.23
    The Government believes it would be inappropriate to have a process for appealing the decision of the holder of an approval to ask the local authority to revoke the approval.   Decisions about the wish for premises to be approved for the registration of civil partnerships are an internal matter for those associated with the premises.
     
    2.32
    The Government remains of the view that faith groups should have the discretion to only host civil partnership registrations for couples in accordance with the principles of the individual faith group.   (Note they are still refering to it as a civil partnership and not marriage.)
     
    2.66
    The consultation document proposed that: no faith group will be obliged to consent to allowing civil partnerships to be registered on its religious premises and no faith group of minister of religion will be obliged to apply to the local authority for premises to be approved for this purpose.
     
    2.73
    The proposals set out in the consultation document and the draft regulations reflect the entirely voluntary nature of this regime. The Government has carefully considered the concerns raised by faith groups, clergy and ministers  about potential legal challenges and remains confident that the proposals provide protection from the risk of successful legal challenge
     
    *So the bigots still rule"    The main aspect of this, **same sex marriage**, perhaps does not appear to apply directly to transgendered people. but  it does,    There is no exclusion/exemption within the proposed ammendments to force the church establishment to recognise Gender Recognition Certificates and comply with an act of Parliament and the rule of Common Law.,   
    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at July 7, 2013 1:33 PM BST
      July 7, 2013 12:59 PM BST
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