{"title":"Index","authors":"","doi":"10.2307/j.ctv1rxdqpz.15","DOIUrl":"https://doi.org/10.2307/j.ctv1rxdqpz.15","url":null,"abstract":"","PeriodicalId":250688,"journal":{"name":"Religion and Marriage Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122301473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter explores the other main concern that has arisen in recent years: the exclusion of non-religious marriages under the Marriage Act 1949. This chapter will fall into three sections. The first will introduce the issue while the second will examine how this issue has arisen in the public debate, exploring the campaign of Humanists UK during the Parliamentary passage of the Marriage (Same Sex Couples) Act 2013 and subsequent legal and political developments. The final section will then discuss the High Court challenge of the current law in R (On Application of Harrison) v Secretary of State for Justice that concluded that the law interfered with the applicant’s human rights but that this was justified by the fact that the law was currently under review by the Law Commission.
本章探讨了近年来出现的另一个主要问题:1949年《婚姻法》将非宗教婚姻排除在外。本章将分为三个部分。第一部分将介绍这个问题，而第二部分将研究这个问题是如何在公众辩论中出现的，探索英国人文主义者在议会通过《2013年婚姻(同性伴侣)法案》期间的运动以及随后的法律和政治发展。最后一节将讨论高等法院在R (On Application of Harrison)诉司法大臣案中对现行法律的质疑，该案件的结论是，该法律干涉了申请人的人权，但由于法律委员会目前正在审查该法律，因此这是合理的。
{"title":"Non-Religious Marriages","authors":"Russell Sandberg","doi":"10.2307/j.ctv1rxdqpz.9","DOIUrl":"https://doi.org/10.2307/j.ctv1rxdqpz.9","url":null,"abstract":"This chapter explores the other main concern that has arisen in recent years: the exclusion of non-religious marriages under the Marriage Act 1949. This chapter will fall into three sections. The first will introduce the issue while the second will examine how this issue has arisen in the public debate, exploring the campaign of Humanists UK during the Parliamentary passage of the Marriage (Same Sex Couples) Act 2013 and subsequent legal and political developments. The final section will then discuss the High Court challenge of the current law in R (On Application of Harrison) v Secretary of State for Justice that concluded that the law interfered with the applicant’s human rights but that this was justified by the fact that the law was currently under review by the Law Commission.","PeriodicalId":250688,"journal":{"name":"Religion and Marriage Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126370553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-01DOI: 10.1332/policypress/9781529212808.003.0010
Russell Sandberg
This short conclusion sums up the main arguments of the book. It contends that the inadequacy of the current law on marriage is underlined by two issues that have come to the fore in recent years: the issues of unregistered religious marriages and of non-religious marriages. It reiterates how the need for reform in relation to these two issues differs. It stresses that unregistered religious marriages are not always problematic. Where they result from a free and deliberate choice then the decision not to comply with legal formalities should be respected. Legal redress should be provided to those in unregistered religious marriages where the failure to comply with registration requirements is unwitting or is not truly voluntary on the part of one of the parties.
{"title":"Conclusions: Relationship Solutions","authors":"Russell Sandberg","doi":"10.1332/policypress/9781529212808.003.0010","DOIUrl":"https://doi.org/10.1332/policypress/9781529212808.003.0010","url":null,"abstract":"This short conclusion sums up the main arguments of the book. It contends that the inadequacy of the current law on marriage is underlined by two issues that have come to the fore in recent years: the issues of unregistered religious marriages and of non-religious marriages. It reiterates how the need for reform in relation to these two issues differs. It stresses that unregistered religious marriages are not always problematic. Where they result from a free and deliberate choice then the decision not to comply with legal formalities should be respected. Legal redress should be provided to those in unregistered religious marriages where the failure to comply with registration requirements is unwitting or is not truly voluntary on the part of one of the parties.","PeriodicalId":250688,"journal":{"name":"Religion and Marriage Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133760466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Backmatter","authors":"","doi":"10.2307/j.ctv1rxdqpz.16","DOIUrl":"https://doi.org/10.2307/j.ctv1rxdqpz.16","url":null,"abstract":"","PeriodicalId":250688,"journal":{"name":"Religion and Marriage Law","volume":"169 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131896293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter begins the discussion of the current position on how adult intimate relationships are governed by the law of England and Wales with particular reference to how it affects religion. It examines the legal regulation of opposite sex marriage, placing the current law as found in the Marriage Act 1949 within its historical context to explore why the Church of England has been placed in a special legal position and why the current position of other religious weddings is often misunderstood. Given these misunderstandings, this chapter will begin with a discussion of the current law before placing this within its historical context.
{"title":"Religion and Opposite-Sex Marriage","authors":"Russell Sandberg","doi":"10.2307/j.ctv1rxdqpz.6","DOIUrl":"https://doi.org/10.2307/j.ctv1rxdqpz.6","url":null,"abstract":"This chapter begins the discussion of the current position on how adult intimate relationships are governed by the law of England and Wales with particular reference to how it affects religion. It examines the legal regulation of opposite sex marriage, placing the current law as found in the Marriage Act 1949 within its historical context to explore why the Church of England has been placed in a special legal position and why the current position of other religious weddings is often misunderstood. Given these misunderstandings, this chapter will begin with a discussion of the current law before placing this within its historical context.","PeriodicalId":250688,"journal":{"name":"Religion and Marriage Law","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131929110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter turns to the question of reform, proposing specific reform proposals showing in detail how the consolidation, simplification and modernisation of the law on intimate adult relationships should be achieved. These will rest on two points of principle. The first is that the legal redress should be provided to those in unregistered religious marriages where the failure to comply with registration requirements is unwitting or is not truly voluntary by one of the parties. The second is that non-religious ceremonies and ceremonies conducted by independent celebrants should be legally binding.
{"title":"Reforming Weddings Law","authors":"Russell Sandberg","doi":"10.2307/j.ctv1rxdqpz.11","DOIUrl":"https://doi.org/10.2307/j.ctv1rxdqpz.11","url":null,"abstract":"This chapter turns to the question of reform, proposing specific reform proposals showing in detail how the consolidation, simplification and modernisation of the law on intimate adult relationships should be achieved. These will rest on two points of principle. The first is that the legal redress should be provided to those in unregistered religious marriages where the failure to comply with registration requirements is unwitting or is not truly voluntary by one of the parties. The second is that non-religious ceremonies and ceremonies conducted by independent celebrants should be legally binding.","PeriodicalId":250688,"journal":{"name":"Religion and Marriage Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127453262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter turns to the fourth and fifth reform proposals highlighted in chapter 7. While the proposals discussed in the last chapter were directly concerned with how people get married, the proposals discussed here are concerned with related laws which concern the effect and regulation of marriage: looking at the law on what constitutes a valid marriage and possible criminal offences. The proposals discussed in the previous chapter will not be sufficient to overcome the problem of unregistered religious marriages which are entered unwittingly or involuntarily. The proposals discussed here and in the chapter 9 serve as backstops to provide further protection in such a scenario.
{"title":"Reforming Validity and Criminal Offences","authors":"Russell Sandberg","doi":"10.2307/j.ctv1rxdqpz.12","DOIUrl":"https://doi.org/10.2307/j.ctv1rxdqpz.12","url":null,"abstract":"This chapter turns to the fourth and fifth reform proposals highlighted in chapter 7. While the proposals discussed in the last chapter were directly concerned with how people get married, the proposals discussed here are concerned with related laws which concern the effect and regulation of marriage: looking at the law on what constitutes a valid marriage and possible criminal offences. The proposals discussed in the previous chapter will not be sufficient to overcome the problem of unregistered religious marriages which are entered unwittingly or involuntarily. The proposals discussed here and in the chapter 9 serve as backstops to provide further protection in such a scenario.","PeriodicalId":250688,"journal":{"name":"Religion and Marriage Law","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133871903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-01DOI: 10.1332/policypress/9781529212808.003.0003
Russell Sandberg
For a legal status which has existed for less than twenty years, the law concerning same sex partnerships and religion has had a turbulent and somewhat confusing history. This chapter examines the story so far. The first part examines how the Civil Partnership Act 2004 originally ignored religion, copying the template of civil marriage. It will then chart how this approach fell apart with the introduction of religious civil partnerships. The second part looks at the Marriage (Same Sex Couples) Act 2013 that was enacted by building upon the existing structure for opposite sex marriage rather than using the opportunity to craft a modernised, rationalised and codified law on marriage. This has led to an increasingly complex legal framework as shown by the ‘quadruple lock’ that permits but does not oblige religious groups to conduct same sex marriages.
{"title":"Religion and Same-Sex Marriage","authors":"Russell Sandberg","doi":"10.1332/policypress/9781529212808.003.0003","DOIUrl":"https://doi.org/10.1332/policypress/9781529212808.003.0003","url":null,"abstract":"For a legal status which has existed for less than twenty years, the law concerning same sex partnerships and religion has had a turbulent and somewhat confusing history. This chapter examines the story so far. The first part examines how the Civil Partnership Act 2004 originally ignored religion, copying the template of civil marriage. It will then chart how this approach fell apart with the introduction of religious civil partnerships. The second part looks at the Marriage (Same Sex Couples) Act 2013 that was enacted by building upon the existing structure for opposite sex marriage rather than using the opportunity to craft a modernised, rationalised and codified law on marriage. This has led to an increasingly complex legal framework as shown by the ‘quadruple lock’ that permits but does not oblige religious groups to conduct same sex marriages.","PeriodicalId":250688,"journal":{"name":"Religion and Marriage Law","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114522690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter turns to the book’s sixth reform proposal and this is in many ways the most important one. The introduction of the kind of cohabitation rights found in other jurisdictions would do much to alleviate the problem of unregistered religious marriages. This chapter explores how cohabitation rights on relationship breakdown would provide a remedy to those who are in unregistered religious marriages where the decision not to enter into a legal marriage has not been entered into voluntarily or where the relationship has changed over time so that one party has become reliant on the other or have suffered a detriment as a result of the relationship.
{"title":"Reforming Cohabitation Rights","authors":"Russell Sandberg","doi":"10.2307/j.ctv1rxdqpz.13","DOIUrl":"https://doi.org/10.2307/j.ctv1rxdqpz.13","url":null,"abstract":"This chapter turns to the book’s sixth reform proposal and this is in many ways the most important one. The introduction of the kind of cohabitation rights found in other jurisdictions would do much to alleviate the problem of unregistered religious marriages. This chapter explores how cohabitation rights on relationship breakdown would provide a remedy to those who are in unregistered religious marriages where the decision not to enter into a legal marriage has not been entered into voluntarily or where the relationship has changed over time so that one party has become reliant on the other or have suffered a detriment as a result of the relationship.","PeriodicalId":250688,"journal":{"name":"Religion and Marriage Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122007766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Introduction:","authors":"","doi":"10.2307/j.ctv1rxdqpz.5","DOIUrl":"https://doi.org/10.2307/j.ctv1rxdqpz.5","url":null,"abstract":"","PeriodicalId":250688,"journal":{"name":"Religion and Marriage Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128259325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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