Sacred spaces, sacred words: religion and same-sex marriage in England and Wales

TY - JOUR

T1 - Sacred spaces, sacred words

T2 - religion and same-sex marriage in England and Wales

AU - Johnson, Paul James

AU - Vanderbeck, Robert M

N1 - © 2017 The Author. This is an author-produced version of the published paper. Uploaded in accordance with the publisher’s self-archiving policy. Further copying may not be permitted; contact the publisher for details

PY - 2017/6

Y1 - 2017/6

N2 - This article provides an analysis of the ways in which the spatial and illocutionary requirements of English marriage law – which regulate the spaces in which marriages may be solemnized and the words the parties being married must speak – have been used to maintain distinctions between same-sex and opposite-sex couples. It shows how religious opponents of same-sex partnership recognition have relied upon historically entrenched differences between the spatial and illocutionary aspects of ‘civil marriage’ and ‘religious marriage’ to argue in favour of the enactment of law that enables organized religions to exclude same-sex couples from religious premises and ceremonies that are open to opposite-sex couples for the purpose of solemnizing marriage. It extends recent international debates about how faith-based discrimination against same-sex couples is accommodated by legislators and legitimized by law. The article concludes with a consideration of how English law could be amended to end discrimination based on sexual orientation.

AB - This article provides an analysis of the ways in which the spatial and illocutionary requirements of English marriage law – which regulate the spaces in which marriages may be solemnized and the words the parties being married must speak – have been used to maintain distinctions between same-sex and opposite-sex couples. It shows how religious opponents of same-sex partnership recognition have relied upon historically entrenched differences between the spatial and illocutionary aspects of ‘civil marriage’ and ‘religious marriage’ to argue in favour of the enactment of law that enables organized religions to exclude same-sex couples from religious premises and ceremonies that are open to opposite-sex couples for the purpose of solemnizing marriage. It extends recent international debates about how faith-based discrimination against same-sex couples is accommodated by legislators and legitimized by law. The article concludes with a consideration of how English law could be amended to end discrimination based on sexual orientation.

U2 - 10.1111/jols.12024

DO - 10.1111/jols.12024

M3 - Article

SN - 0263-323X

VL - 44

SP - 228

EP - 254

JO - Journal of Law and Society

JF - Journal of Law and Society

IS - 2

ER -