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The Equality and Human Rights Commission has published new guidance today which explains the changes introduced by the Marriage (Same Sex Couples) Act 2013 and how they relate to equality and human rights law.

The guidance is being published ahead of the first legally recognised marriages of same sex couples in England and Wales, which are expected to take place on 29 March. It will help organisations understand the law in a simple and clear way and help them avoid falling foul of the new legislation.

The Act makes the marriage of same sex couples lawful in England and Wales. Religious organisations are free to choose whether to opt in to marrying same sex couples according to their rites and marriage procedures (1). Scotland and Northern Ireland both have different  legislation covering marriage.

The guidance, produced by the Commission as part of its statutory remit under the Equality Act 2010, provides information about the Act targeted towards a range of groups, including employers, employees and service providers, public authorities, and religious organisations.

The guidance shows that under the new legislation:
• Same sex couples will be able to get married in England and Wales and those marriages will be recognised in law (subject to meeting legal requirements).
• Same sex married couples will be treated in the same way as opposite sex married couples in most circumstances.
• Religious organisations can choose to opt in to conduct marriages for same sex couples. But no one can compel the organisations or their officials to participate in religious marriages of same sex couples if they do not wish to do so. Religious freedom is specifically protected under human rights law.
• All civil marriage register offices are now designated and required by law to conduct marriages of same sex couples. 
• Commercial service providers cannot treat customers less favourably, for example by refusing to provide services on the basis that the customer is married to or intends to marry a person of the same sex. That would constitute unlawful discrimination.
• Individuals are free to hold whatever belief they choose on marriage of same sex couples. The expression of those views can be limited, for example where it’s necessary to protect the rights and freedoms of others. Employees will need to be mindful of relevant workplace and professional policies and rules; employers should apply rules and policies consistently with individuals’ civil liberties.        
• Schools must teach the facts about marriage during relevant lessons in an objective, sensitive and professional way, especially where the national curriculum and statutory guidance applies. Schools with a religious character can continue to teach about marriage according to their religious doctrines or ethos.

Mark Hammond, Chief Executive of the Equality and Human Rights Commission, said:

 “Our guidance provides a clear explanation of what extending the rights to marriage to same sex couples means and will help people to understand their roles and responsibilities.

“The Commission worked closely with employers, trade unions, service providers, religious, secular and humanist organisations, LGBT organisations, equality bodies, government officials, and academics to take differing approaches and perspectives into account and ensure the guidance was clear and factual.”

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For more press information contact the Commission’s media office on 0161 829 8102, out of hours 07767 272 818.

Notes to Editors

• (1) Apart from the Church of England and Church in Wales. Separate rules apply to those churches and their officials. They cannot marry same sex couples until the governing body of each church decides to do so, and the law is amended under rules set out in legislation.

• The set of guidance documents and a quick guide on the Marriage (Same Sex Couples) Act 2013 can be found on the Commission website here –http://www.equalityhumanrights.com/advice-and-guidance/marriage-same-sex- couples-act-2013-guidance/

• The Equality and Human Rights Commission in Scotland will be producing guidance on the Scottish legislation and will consult on this in later in 2014

• https://www.gov.uk/marriages-civil-partnerships

• The Commission is a statutory body established under the Equality Act 2006.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.