Same-sex marriage: What the new law will mean for moral objectors
IN RESPONSE to a letter published in the Opinion column of the Guernsey Press on Saturday 22 April 2017, titled 'Protecting objectors in conscience to homosexual marriage', the Committee for Employment & Social Security has coordinated a statement on behalf of the States of Guernsey. The letter requests separate public statements from the Law Officers of the Crown, the Committee for Home Affairs and the Committee for Economic Development. Deputy Michelle Le Clerc, president of the Committee for Employment & Social Security, said that: 'The Committee for Employment & Social Security has responsibility for both the Same-Sex Marriage legislation and the Employment Relations Service. As such, it was more appropriate for a joint statement to be released in consultation with the Law Officers of the Crown, the Greffe and the committees for Home Affairs and Economic Development.'
Under the new legislation, religious organisations will only perform same-sex ceremonies if they had opted in to doing so. The Greffe is legally obliged to conduct marriage ceremonies for same-sex couples. It is recognised, however, that some employees may object to performing such ceremonies based on their personal beliefs. As such, the Greffe will introduce a grandfathering arrangement for current employees so that they are given the option to 'opt-out' of performing same-sex ceremonies because of any personally-held beliefs.
Prospective new employees will be advised at application stage that they will be required to perform same-sex marriages as part of their duties and as such will not be able to opt out.
Unlike the UK, there is no legislation in Guernsey providing for protection against discrimination on the basis of a person's sexual orientation and there is accordingly no legal reason why a person providing ancillary services, such as photography or flower-arranging, should not lawfully refuse to provide such services in the case of same-sex couples. In some recent high-profile cases, proceedings have been taken in the UK against individuals who have refused to perform such services for same-sex couples. Such proceedings would not presently be possible under Guernsey law.
In common with other employees, States employees are required to follow the reasonable and lawful instructions of their employer.
Broadly speaking, efforts are made where possible to ensure that employees of the States are not required to act contrary to their moral or religious beliefs in the course of their employment; but this is subject always to the overarching requirement of the States to implement and comply with legislation and to provide efficient and value for money public services. As with sexual orientation, there is no legal protection against discrimination based on a person's religion or other beliefs.
When a marriage of a same-sex couple has been lawfully carried out, it must, in the public interest, be recognised as valid by all persons and for all legal purposes. This is the reason for the introduction of the legislation permitting same-sex marriage. Accordingly, it cannot then be possible for any individual in whatever role to be permitted to refuse to recognise any marriage on the basis of their religious or other beliefs.
Committee for Employment & Social Security
