Pub Date : 2021-07-01DOI: 10.1332/policypress/9781529212808.003.0001
Russell Sandberg
This chapter provides an introduction to the book. It explores how English marriage law has failed to keep up with trends concerning adult intimate relationships. It introduces the two main problems of unregistered religious marriages and non-religious marriages. It then provides an overview of the structure of the book.
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This chapter explores Law Commission’s consultation paper, published in September 2020, which proposed a transformation the law on how people get married. The chapter falls into three parts. The first part introduces the Law Commission’s approach, it looks at what was excluded from its terms of reference and the main changes to how people get married that are proposed. The second part then discusses the most radical change proposed by the Law Commission: the move from the Marriage Act 1949’s focus on registering buildings towards what the Law Commission has styled an officiant system and how this would accommodate non-religious marriages. The final part looks at how the scoping paper discussed the issue of unregistered religious marriages and the extent to which the reforms suggested would help to mitigate that issue, including an examination of what the Law Commission suggests in terms of the law on validity and on criminal offences concerning the solemnisation of marriage. Taken together, the proposals do not provide a magic bullet solution but they do provide important steps forward. There are points of contention but overall the proposals if enacted would provide a great deal of improvement.
{"title":"The Law Commission’s Proposals","authors":"Russell Sandberg","doi":"10.2307/j.ctv1rxdqpz.10","DOIUrl":"https://doi.org/10.2307/j.ctv1rxdqpz.10","url":null,"abstract":"This chapter explores Law Commission’s consultation paper, published in September 2020, which proposed a transformation the law on how people get married. The chapter falls into three parts. The first part introduces the Law Commission’s approach, it looks at what was excluded from its terms of reference and the main changes to how people get married that are proposed. The second part then discusses the most radical change proposed by the Law Commission: the move from the Marriage Act 1949’s focus on registering buildings towards what the Law Commission has styled an officiant system and how this would accommodate non-religious marriages. The final part looks at how the scoping paper discussed the issue of unregistered religious marriages and the extent to which the reforms suggested would help to mitigate that issue, including an examination of what the Law Commission suggests in terms of the law on validity and on criminal offences concerning the solemnisation of marriage. Taken together, the proposals do not provide a magic bullet solution but they do provide important steps forward. There are points of contention but overall the proposals if enacted would provide a great deal of improvement.","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":"131096521","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":"Unregistered Religious Marriages","authors":"","doi":"10.2307/j.ctv1rxdqpz.8","DOIUrl":"https://doi.org/10.2307/j.ctv1rxdqpz.8","url":null,"abstract":"","PeriodicalId":250688,"journal":{"name":"Religion and Marriage Law","volume":"14 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":"121183262","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}
There are civil and religious notions of marriage; civil and religious authorities exercise power regarding them. These notions and exercises of power coexist, collaborate, and overlap. Sometimes they collide. Against this reality, the courts and federal legislative drafters have fashioned a simplistic narrative by which civil marriage opened to same-sex couples in a process distinct from religious marriage. This chapter emphasizes the connections between civil and religious marriage. The processes by which state institutions have recognized same-sex marriage have not only altered civil marriage, but also further defined religious marriage. When intervening in civil marriage with an eye to vindicating same-sex couples’ right to equality, state actors such as judges and legislative drafters have continued the long process of producing “civil” and “religious” marriage. As religious bases for state action appear increasingly out of place in a diverse contemporary society, the pursuit of equality has emerged as an admissible substitute in relation to marriage.
{"title":"Religion and Same-Sex Marriage","authors":"R. Leckey","doi":"10.2307/j.ctv1rxdqpz.7","DOIUrl":"https://doi.org/10.2307/j.ctv1rxdqpz.7","url":null,"abstract":"There are civil and religious notions of marriage; civil and religious authorities exercise power regarding them. These notions and exercises of power coexist, collaborate, and overlap. Sometimes they collide. Against this reality, the courts and federal legislative drafters have fashioned a simplistic narrative by which civil marriage opened to same-sex couples in a process distinct from religious marriage. This chapter emphasizes the connections between civil and religious marriage. The processes by which state institutions have recognized same-sex marriage have not only altered civil marriage, but also further defined religious marriage. When intervening in civil marriage with an eye to vindicating same-sex couples’ right to equality, state actors such as judges and legislative drafters have continued the long process of producing “civil” and “religious” marriage. As religious bases for state action appear increasingly out of place in a diverse contemporary society, the pursuit of equality has emerged as an admissible substitute in relation to marriage.","PeriodicalId":250688,"journal":{"name":"Religion and Marriage Law","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117129128","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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