about marriage'. A brief summary of this is available below along with a quote from the Secretary of State for Education, Mr Michael Gove.
At-a-glance summary
- There is no legal obligation on any primary school to teach sex education or to teach about same-sex marriage.
- Under guidance relating to Sex and Relationships Education, children in maintained secondary schools must learn the nature of marriage and its importance for family life.
- 'The nature of marriage' may include teaching children that same-sex marriage has been legalised in England and Wales.
- Teaching in this area should be sensitive to the backgrounds of the pupils and their parents, and also the beliefs of staff.
- Secondary schools are used to dealing with controversial issues in the curriculum, such as political opinions or moral issues like abortion. This is another example of a controversial issue.
- Church schools, or any school with a religious ethos, can continue to teach their beliefs about marriage in line with their legal foundation.
- Other schools in the state sector could be breaking the law if they go beyond factual information and advocate a particular belief about marriage.
- All teaching materials should be appropriate to the pupils’ age and religious or cultural background.
- Schools should work in partnership with parents, giving parents the information they need for meaningful consultation.
- Schools have a duty to make sure pupils and members of staff are not bullied, or subjected to any other detriment, for their beliefs about marriage.
- In an appropriate context, a teacher may express a personal opinion about marriage, provided it is done in a reasonable manner.
- In the current climate, the courts have referred to views regarding same-sex marriage as political views. Schools are under a duty to secure balanced treatment of political issues.
- The code of conduct for teachers in England requires teachers to show “tolerance of those with different faiths and beliefs”.
- The courts have ruled that a belief in marriage as the union of a man and a woman is a belief “worthy of respect in a democratic society”.
- It is unlawful to discriminate against a teacher on the basis of sexual orientation, or on the basis of belief for or against same-sex marriage.
- An Employment Tribunal claim could be brought against a school by a teacher who suffered discrimination because of his or her beliefs about marriage.
“…it is perfectly clear that there will be no requirement on any teacher to promote a view or doctrine with which they feel any discomfort… There is a key difference between denying a fact and a law of the land - if the Bill passes, equal marriage will be a fact and a law of the land - and requiring someone to promote it. It is on that distinction that the liberty of conscience of teachers - and, indeed, of anyone in public service - rests.”
The Rt Hon Michael Gove MP, Secretary of State for Education
The full guidance document for schools is available here »
