House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

953

House of Commons

Notices of Amendments

given on

Tuesday 12 March 2013

Consideration of Bill

Marriage (Same Sex Couples) Bill

Education Act 1996

Robert Flello

Mr David Burrowes

Tim Loughton

Jim Shannon

Jim Dobbin

Mr David Crausby

NC1

To move the following Clause:—

‘(1)
Subsection (1B) is amended as follows.

(2)
For subsection (1B) there shall be substituted the following—

“(1B)
For the purposes of this section—

(a)
in discharging their functions under subsection (1) governing

bodies and head teachers must have due regard to the Secretary

of State’s guidance,

(b)
no school shall be under any duty, as a result of the guidance

issued under subsection (1A), to promote or endorse an

understanding of the nature of marriage and its importance for

family life and the bringing up of childen, that runs contrary to

the designated religious character of the school,

(c)
subsection (1B)(b) is without prejudice to any guidance issued

by the Secretary of State regarding the legal status of

marriage.”.’.

Robert Flello

Mr David Burrowes

Tim Loughton

Jim Shannon

1

Page  52,  line  26  [Schedule  7],  at end insert—

‘42
The Education Act is amended as follows.

Notices of Amendments: 12 March 2013
954

Marriage (Same Sex Couples) Bill, continued

43
Section 403 (sex education: manner of provision), after subsection (1D)

insert—

“(1E)
For the purposes of subsection (1A)—

(a)
no school shall be under any duty as a result of the guidance

issued to promote or endorse an understanding of the nature of

marriage and its importance for family life and the bringing up

of children, that runs contrary to the designated religious

character of the school.

(b)
this subsection is without prejudice to any guidance issued by

the Secretary of State regarding the legal status of

marriage.”.’.

Robert Flello

Mr David Burrowes

Tim Loughton

Jim Shannon

2

Page  3  [Clause  2],  leave out lines 21 and 22.

Conscientious objection

Robert Flello

Mr David Burrowes

Tim Loughton

Jim Shannon

NC2

To move the following Clause:—

‘(1)
Subject to subsections (2) and (3) of this section, no registrar shall be under any

duty, whether by contract or by any statutory or other legal requirement, to

conduct, be present at, carry out, participate in, or consent to the taking place of,

a relevant marriage ceremony to which he has a conscientious objection.

(2)
Nothing in subsection (1) shall affect the duty of each registration authority to

ensure that there is a sufficient number of relevant marriage registrars for its area

to carry out in that area the functions of relevant marriage registrars.

(3)
The conscientious objection must be based on a sincerely-held religious or other

belief.

(4)
In any legal proceedings the burden of proof of conscientious objection shall rest

on the person claiming to rely on it.’.

Conscientious objection: transitional arrangments

Mr David Burrowes

Tim Loughton

Jim Shannon

NC3

To move the following Clause:—

‘(1)
No person shall be under any duty, whether by contract or by statutory or other

legal requirement, to conduct a marriage to which he has a conscientious

objection if he is employed as a registrar of marriages on the date this Act comes

in force.

Notices of Amendments: 12 March 2013
955

Marriage (Same Sex Couples) Bill, continued

(2)
For the purposes of this section, a “conscientious objection” exists where the

refusal to conduct a marriage is only that it concerns a same sex couple, and is

based on the person’s sincerely held religious or other beliefs.

(3)
This section is without prejudice to the duty of a registration authority to ensure

that there is a sufficient number of registrars and superintendent registrars in that

area to carry out the required functions.

(4)
In any legal proceedings the burden of proof of conscientious objection shall rest

on the person claiming to rely on it.’.

Chapter 2 of the Equality Act 2010

Robert Fllelo

Mr David Burrowes

Tim Loughton

Jim Shannon

Jim Dobbin

Mr David Crausby

NC4

To move the following Clause:—

‘(1)
In the Equality Act 2010, after section 19, insert the following section—

“19A
For the purposes of this Act discussion or criticism of same sex

marriage shall not be taken of itself to be discrimination.”.’.

Public sector equality duty—beliefs about marriage

Mr David Burrowes

Tim Loughton

Jim Shannon

NC5

To move the following Clause:—

‘(1)
In the Equality Act 2010, after section 149(9), insert —

“149 (10)
Compliance with the duties in this section requires ensuring that a

belief regarding the definition of marriage as being between a man and

a woman is respected and that no person should suffer any detriment

in respect of the holding or the reasonable expression of such a

belief.”.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

3

Page  4,  line  13  [Clause  2],  at end insert—

‘(6)
For the purposes of section 149 of the Equality Act 2010, no regard may be had

by any public authority to any decision by a religious organisation not to opt-in,

conduct, be present at, carry out, participate in, or consent to the taking place of,

relevant marriages.’.

Notices of Amendments: 12 March 2013
956

Marriage (Same Sex Couples) Bill, continued

Beliefs about marriage

Mr David Burrowes

Tim Loughton

Jim Shannon

NC6

To move the following Clause:—

‘(1)
In the Equality Act 2010, after section 10(3), insert —

“10(4)
The protected characteristic of religion or belief may include a belief

regarding the definition of marriage as being between a man and a

woman.”.’.

Legal proceedings against a person

Robert Flello

Mr David Burrowes

Tim Loughton

Jim Shannon

Jim Dobbin

Mr David Crausby

NC7

To move the following Clause:—

‘(1)
A decision by a person not to undertake an opt-in activity shall not be questioned

in any legal proceedings whatsoever.

(2)
Expressions used in this section have the same meaning as the expressions used

in Section 2 of this Act.’.

Domestic protection for persons

Robert Flello

Mr David Burrowes

Tim Loughton

Jim Shannon

Jim Dobbin

Mr David Crausby

NC8

To move the following Clause:—

‘(1)
For the purposes of this Act “compelled” includes, but is not limited to—

(a)
less favourable treatment of a person by a public authority,

(b)
the imposition of any criminal or civil penalty, and

(c)
any legal proceedings against a person as a result of a decision not to opt-

in, conduct, be present at, carry out, participate in, or consent to the

taking place of, relevant marriages.

(2)
Expressions used in this section have the same meaning as the expressions used

in section 2 of this Act.’.

Notices of Amendments: 12 March 2013
957

Marriage (Same Sex Couples) Bill, continued

Robert Flello

Mr David Burrowes

Tim Loughton

Jim Shannon

Jim Dobbin

Mr David Crausby

4

Page  3,  line  44  [Clause  2],  leave out subsection (5) and insert—

‘(5)
In Schedule 3 to the Equality Act 2010 (services and public functions:

exceptions), after Part 6 insert—

“Part 6A

Marriage of same sex couples in england and wales

Marriage according to religious rites: no compulsion to solemnise etc.

25A(1)
A person does not contravene section 29 only because the person—

(a)
does not conduct a relevant marriage,

(b)
is not present at, does not carry out, or does not otherwise

participate in, a relevant marriage, or

(c)
does not consent to a relevant marriage being conducted,


for the reason that the marriage is the marriage of a same sex couple.

      (2)
For the avoidance of doubt, a person does not provide a service or

exercise a public function when the person—

(a)
refrains from undertaking an opt-in activity, or

(b)
undertakes an opt-out activity.

      (3)
Expressions used in this paragraph and in section 2 of the Marriage

(Same Sex Couples) Act 2013 have the same meanings to this

paragraph as that section.”.’.

Robert Flello

Mr David Burrowes

Tim Loughton

Jim Shannon

Jim Dobbin

Mr David Crausby

5

Page  3,  line  43  [Clause  2],  at end insert—

‘(4A)
For the purposes of this Act “compelled” includes, but is not limited to—

(a)
less favourable treatment of a person by a public authority,

(b)
the imposition of any criminal or civil penalty, and

(c)
any legal proceedings against a person,


as a result of a decision not to opt-in, conduct, be present at, carry out, participate

in, or consent to the taking place of, relevant marriages.’.

Notices of Amendments: 12 March 2013
958

Marriage (Same Sex Couples) Bill, continued

Referendum provisions

Mr David Burrowes

Tim Loughton

Jim Shannon

NC9

To move the following Clause:—

‘(1)
A referendum is to be held in England and Wales on the issue of same sex

marriage.

(2)
The referendum must be held before 1 June 2016.

(3)
The referendum is to be held on 7 May 2015.

(4)
If the Secretary of State is satisfied that it is impossible or impracticable for the

referendum to be held on 7 May 2015, or that it cannot be conducted properly if

held on that day, the Secretary of State may by order appoint a later day as the day

on which the referendum is to be held.

(5)
Where a day is appointed under subsection (4), the Secretary of State may by

order make supplemental or consequential provision.

(6)
The Secretary of State must by order make provisions for the conduct of the

referendum.

(7)
An order under this section may not be made unless a draft of the order has been

laid before, and approved by a resolution of, each House of Parliament.

(8)
The question that is to appear on the ballot papers is—


“At present, the law in England and Wales defines marriage as the union of a man

and a woman. Should the law be changed to define marriage as the union of two

people—whether a man and a woman, or woman and a woman, or a man and a

man?”.

(9)
Those entitled to vote in the referendum are the persons who, on the date of the

referendum, would be entitled to vote as electors at a parliamentary election in

any constituency.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

6

Page  14,  line  15,  leave out Clause 18 and insert—

‘(1)
This Act may be cited as the Marriage (Same Sex Couples) Act 2013.

(2)
Section [Referendum provisions] come into force on the day on which this Act is

passed.

(3)
Subject to subsections (2) and (4), this Act comes into force on such day as the

Secretary of State may by order appoint; and different days may be appointed for

different purposes.

(4)
The Secretary of State may not bring any part of this Act into force unless the

referendum provided for at section [Referendum provisions] delivers an

affirmative outcome.

(5)
For the purposes of subsection (4), an affirmative outcome shall be where a

majority of votes cast in the referendum support the proposition contained in the

referendum question.’.

Notices of Amendments: 12 March 2013
959

Marriage (Same Sex Couples) Bill, continued

Part 1 of the Civil Partnership Act 2004

Tim Loughton

NC10

To move the following Clause:—

‘(1)
Part 1 of the Civil Partnership Act 2004 is amended as follows.

(2)
In section 1, subsection (1), leave out “of the same sex”.’.

Part 2 of the Civil Partnership Act 2004

Tim Loughton

NC11

To move the following Clause:—

‘(1)
Part 2 of the Civil Partnership Act 2004 is amended as follows.

(2)
In section 3, subsection (1), after “if—”, leave out—

“(a)
they are not of the same sex”.’.



© Parliamentary copyright	Revised 13 March 2013