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| Marriage (Same Sex Couples) Bill |
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| To move the following Clause:— |
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| | ‘(1) | Subsection (1B) is amended as follows. |
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| | (2) | For subsection (1B) there shall be substituted the following— |
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| | “(1B) | For the purposes of this section— |
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| | (a) | in discharging their functions under subsection (1) governing |
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| | bodies and head teachers must have due regard to the Secretary |
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| | (b) | no school shall be under any duty, as a result of the guidance |
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| | issued under subsection (1A), to promote or endorse an |
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| | understanding of the nature of marriage and its importance for |
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| | family life and the bringing up of childen, that runs contrary to |
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| | the designated religious character of the school, |
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| | (c) | subsection (1B)(b) is without prejudice to any guidance issued |
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| | by the Secretary of State regarding the legal status of |
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| Page 52, line 26 [Schedule 7], at end insert— |
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| | ‘42 | The Education Act is amended as follows. |
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| | 43 | Section 403 (sex education: manner of provision), after subsection (1D) |
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| | “(1E) | For the purposes of subsection (1A)— |
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| | (a) | no school shall be under any duty as a result of the guidance |
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| | issued to promote or endorse an understanding of the nature of |
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| | marriage and its importance for family life and the bringing up |
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| | of children, that runs contrary to the designated religious |
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| | (b) | this subsection is without prejudice to any guidance issued by |
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| | the Secretary of State regarding the legal status of |
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| Page 3 [Clause 2], leave out lines 21 and 22. |
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| To move the following Clause:— |
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| | ‘(1) | Subject to subsections (2) and (3) of this section, no registrar shall be under any |
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| | duty, whether by contract or by any statutory or other legal requirement, to |
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| | conduct, be present at, carry out, participate in, or consent to the taking place of, |
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| | a relevant marriage ceremony to which he has a conscientious objection. |
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| | (2) | Nothing in subsection (1) shall affect the duty of each registration authority to |
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| | ensure that there is a sufficient number of relevant marriage registrars for its area |
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| | to carry out in that area the functions of relevant marriage registrars. |
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| | (3) | The conscientious objection must be based on a sincerely-held religious or other |
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| | (4) | In any legal proceedings the burden of proof of conscientious objection shall rest |
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| | on the person claiming to rely on it.’. |
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| | Conscientious objection: transitional arrangments |
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| To move the following Clause:— |
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| | ‘(1) | No person shall be under any duty, whether by contract or by statutory or other |
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| | legal requirement, to conduct a marriage to which he has a conscientious |
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| | objection if he is employed as a registrar of marriages on the date this Act comes |
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| | (2) | For the purposes of this section, a “conscientious objection” exists where the |
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| | refusal to conduct a marriage is only that it concerns a same sex couple, and is |
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| | based on the person’s sincerely held religious or other beliefs. |
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| | (3) | This section is without prejudice to the duty of a registration authority to ensure |
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| | that there is a sufficient number of registrars and superintendent registrars in that |
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| | area to carry out the required functions. |
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| | (4) | In any legal proceedings the burden of proof of conscientious objection shall rest |
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| | on the person claiming to rely on it.’. |
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| | Chapter 2 of the Equality Act 2010 |
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| To move the following Clause:— |
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| | ‘(1) | In the Equality Act 2010, after section 19, insert the following section— |
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| | “19A | For the purposes of this Act discussion or criticism of same sex |
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| | marriage shall not be taken of itself to be discrimination.”.’. |
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| | Public sector equality duty—beliefs about marriage |
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| To move the following Clause:— |
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| | ‘(1) | In the Equality Act 2010, after section 149(9), insert — |
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| | “149 (10) | Compliance with the duties in this section requires ensuring that a |
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| | belief regarding the definition of marriage as being between a man and |
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| | a woman is respected and that no person should suffer any detriment |
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| | in respect of the holding or the reasonable expression of such a |
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| Page 4, line 13 [Clause 2], at end insert— |
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| | ‘(6) | For the purposes of section 149 of the Equality Act 2010, no regard may be had |
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| | by any public authority to any decision by a religious organisation not to opt-in, |
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| | conduct, be present at, carry out, participate in, or consent to the taking place of, |
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| To move the following Clause:— |
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| | ‘(1) | In the Equality Act 2010, after section 10(3), insert — |
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| | “10(4) | The protected characteristic of religion or belief may include a belief |
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| | regarding the definition of marriage as being between a man and a |
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| | Legal proceedings against a person |
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| To move the following Clause:— |
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| | ‘(1) | A decision by a person not to undertake an opt-in activity shall not be questioned |
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| | in any legal proceedings whatsoever. |
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| | (2) | Expressions used in this section have the same meaning as the expressions used |
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| | in Section 2 of this Act.’. |
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| | Domestic protection for persons |
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| To move the following Clause:— |
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| | ‘(1) | For the purposes of this Act “compelled” includes, but is not limited to— |
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| | (a) | less favourable treatment of a person by a public authority, |
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| | (b) | the imposition of any criminal or civil penalty, and |
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| | (c) | any legal proceedings against a person as a result of a decision not to opt- |
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| | in, conduct, be present at, carry out, participate in, or consent to the |
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| | taking place of, relevant marriages. |
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| | (2) | Expressions used in this section have the same meaning as the expressions used |
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| | in section 2 of this Act.’. |
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| Page 3, line 44 [Clause 2], leave out subsection (5) and insert— |
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| | ‘(5) | In Schedule 3 to the Equality Act 2010 (services and public functions: |
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| | exceptions), after Part 6 insert— |
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| | Marriage of same sex couples in england and wales |
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| | Marriage according to religious rites: no compulsion to solemnise etc. |
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| | 25A(1) | A person does not contravene section 29 only because the person— |
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| | (a) | does not conduct a relevant marriage, |
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| | (b) | is not present at, does not carry out, or does not otherwise |
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| | participate in, a relevant marriage, or |
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| | (c) | does not consent to a relevant marriage being conducted, |
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| | | for the reason that the marriage is the marriage of a same sex couple. |
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| | (2) | For the avoidance of doubt, a person does not provide a service or |
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| | exercise a public function when the person— |
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| | (a) | refrains from undertaking an opt-in activity, or |
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| | (b) | undertakes an opt-out activity. |
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| | (3) | Expressions used in this paragraph and in section 2 of the Marriage |
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| | (Same Sex Couples) Act 2013 have the same meanings to this |
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| | paragraph as that section.”.’. |
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| Page 3, line 43 [Clause 2], at end insert— |
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| | ‘(4A) | For the purposes of this Act “compelled” includes, but is not limited to— |
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| | (a) | less favourable treatment of a person by a public authority, |
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| | (b) | the imposition of any criminal or civil penalty, and |
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| | (c) | any legal proceedings against a person, |
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| | | as a result of a decision not to opt-in, conduct, be present at, carry out, participate |
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| | in, or consent to the taking place of, relevant marriages.’. |
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| To move the following Clause:— |
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| | ‘(1) | A referendum is to be held in England and Wales on the issue of same sex |
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| | (2) | The referendum must be held before 1 June 2016. |
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| | (3) | The referendum is to be held on 7 May 2015. |
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| | (4) | If the Secretary of State is satisfied that it is impossible or impracticable for the |
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| | referendum to be held on 7 May 2015, or that it cannot be conducted properly if |
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| | held on that day, the Secretary of State may by order appoint a later day as the day |
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| | on which the referendum is to be held. |
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| | (5) | Where a day is appointed under subsection (4), the Secretary of State may by |
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| | order make supplemental or consequential provision. |
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| | (6) | The Secretary of State must by order make provisions for the conduct of the |
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| | (7) | An order under this section may not be made unless a draft of the order has been |
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| | laid before, and approved by a resolution of, each House of Parliament. |
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| | (8) | The question that is to appear on the ballot papers is— |
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| | | “At present, the law in England and Wales defines marriage as the union of a man |
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| | and a woman. Should the law be changed to define marriage as the union of two |
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| | people—whether a man and a woman, or woman and a woman, or a man and a |
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| | (9) | Those entitled to vote in the referendum are the persons who, on the date of the |
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| | referendum, would be entitled to vote as electors at a parliamentary election in |
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| Page 14, line 15, leave out Clause 18 and insert— |
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| | ‘(1) | This Act may be cited as the Marriage (Same Sex Couples) Act 2013. |
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| | (2) | Section [Referendum provisions] come into force on the day on which this Act is |
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| | (3) | Subject to subsections (2) and (4), this Act comes into force on such day as the |
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| | Secretary of State may by order appoint; and different days may be appointed for |
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| | (4) | The Secretary of State may not bring any part of this Act into force unless the |
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| | referendum provided for at section [Referendum provisions] delivers an |
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| | (5) | For the purposes of subsection (4), an affirmative outcome shall be where a |
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| | majority of votes cast in the referendum support the proposition contained in the |
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| | Part 1 of the Civil Partnership Act 2004 |
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| To move the following Clause:— |
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| | ‘(1) | Part 1 of the Civil Partnership Act 2004 is amended as follows. |
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| | (2) | In section 1, subsection (1), leave out “of the same sex”.’. |
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| | Part 2 of the Civil Partnership Act 2004 |
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| To move the following Clause:— |
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| | ‘(1) | Part 2 of the Civil Partnership Act 2004 is amended as follows. |
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| | (2) | In section 3, subsection (1), after “if—”, leave out— |
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| | “(a) | they are not of the same sex”.’. |
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