Fresh calls for 'conscience clause' in same-sex marriage law

Wednesday 17 January 2018

A Jersey Scrutiny Panel is calling for a 'conscience clause' - which would allow someone to refuse to take part in a same-sex marriage ceremony on religious grounds - to be added to the new marriage law which is due to be debated by the States later this month.

The Corporate Services Scrutiny Panel has published seven amendments to the proposed changes to the marriage law, which were put forward last October, two years after they were agreed in principle by the Assembly.

Earlier this month, the Chief Minister, Senator Ian Gorst, admitted during a hearing with the Panel that he had been rushed in bringing forward the changes after members pointed out a number of inconsistencies, conflicts and gaps.

The Panel has now published amendments revolving around what it describes as 'key themes' such as "accreditation for civil marriage celebrants, protections for buildings owned by religious groups, a limited and narrowly defined 'tolerance' clause and use of religious material in civil marriage ceremonies."

They say they also took the opportunity to, "...improve the clarity of the Draft Law in certain places and correct typographical errors."

Among the changes the Panel has brought forward are stricter controls around civil celebrants to make sure they have the proper accreditation from the organisation they represent. This is because Channel Islands Humanists were concerned that the Draft Law opened the possibility for “sham humanists” to conduct ceremonies.

Pictured: The Corporate Services Scrutiny Panel wants to make sure that people who have a conscientious objection on the basis of religion to same-sex marriage are not compelled to participate in ceremonies.

While the Draft Law included a 'quadruple lock' to protect religious officials and religious organisations from having to solemnize same-sex marriages, the Scrutiny Panel felt that people who have "a conscientious objection to same sex marriage on the basis of their religion – but who are not religious officials or clergy," also needed to be protected. They are therefore suggesting a tolerance clause, also known as a conscience clause, by a way of a "narrow exemption" that will ensure those people are not "being compelled to participate in the provision of goods or services." 

In a report accompanying their amendments the Panel wrote: "However, we are concerned about the absence of protections in the Law if a tolerance clause is not adopted, for people who believe they cannot participate in same sex marriage on the basis of their religious conviction. We do not believe it is acceptable to leave this until after the Draft Law has been adopted by the States, which is why we have lodged an amendment on this issue."

"The dilemma facing the Panel has been the balance between the rights of people to enjoy a family life and the rights of people to live by their religious conviction. This has been a difficult area and we have received a lot of submissions on the matter from members of the public and organisations.”