House of Commons Notices of Amendments
given on
Thursday 21 February 2013
For other Amendment(s) see the following page(s):
Marriage (Same Sex Couples) Bill Committee 21-29 and 31-32

Public Bill Committee
Marriage (Same Sex Couples) Bill

‘Reinstatement of marriages annulled to permit a person to obtain a gender recognition
certificate

Schedule 4 (Effect on Marriage) at beginning insert:

(1) This section applies to a formerly married couple whose marriage was
annulled in order to permit one or both partners to that marriage to obtain a full
gender recognition certificate provided that:

(a) the marriage was annulled following the coming into force of the
Gender Recognition Act 2004, and

(b) the formerly married couple either:

(i) formed a civil partnership with each other within six months
of the annulment of their marriage, and continue to maintain
their civil partnership, or

(ii) have continued to live together in the same household since
the annulment of their marriage, and

(iii) both partners to the former marriage give notice that they wish
their marriage to be reinstated - with effect from the date that
it was annulled.

(2) When notice is given under section (1)(b)(iii), the marriage shall be reinstated
with effect from the date it was annulled.

(3) In such circumstances the continuity of the marriage shall not be affected in
any way and all legal rights that accrued to either party to that marriage will be
reinstated - including the right to pensions, tax status in the UK, rights to
property and inheritance.

(4) In those cases where the couple subsequently formed a civil partnership, the
civil partnership shall be set aside.

(5) The couple whose marriage is reinstated shall be compensated from public
funds for the costs they incurred in annulling the marriage, seperating their
financial affairs, forming a civil parthership and in respect of their costs
incurred in the UK or abroad as a result of the annulmen tof their marriage.”.’.

‘( 1) Any couple of opposite sex who are entitled to marry may instead apply for and
be granted a civil partnership in the same way as a same sex couple under the
Civil Partnership Act 2004.

(2) Section 9 of this Act shall apply to the conversion of a marriage into a civil
partnership as it does to conversion of civil partnership into a marriage.’.

‘(1) Marriage of same sex couples is deemed to be legitimate.’.

‘(1) Where a same sex couple solemnize a marriage between each other in accordance
with the provisions set out in subsection (2) below they shall be deemed to be
married to each other.’.

‘(1) Marriage of same sex couples is legally equivalent to marriage between the
couples of the opposite sex.’.

‘(1) Marriage of same sex couples is legally equivalent and is deemed to be morally
equivalent to marriage between couples of the opposite sex.’.

‘(00) The purpose of marriage is—

(a) companionship (including its expression in sexual union);

(b) fidelity (including its expression in sexual fidelity) and stability;

(c) procreation and the nurture of children;

(d) mutual care and provision in sickness and in health;

(e) to benefit society.’.

‘(00) The purpose of marriage is—

(a) companionship (not including its expression in sexual union);

(b) fidelity (not including its expression in sexual fidelity) and stability;

(c) not procreation and the nurture of children;

(d) mutual care and provision in sickness and in health;

(e) to benefity society.’.

‘
‘Any duty of a member of the clergy—

to prepare a couple for marriage,

(b) to solemnize a marriage,

(c) to provide care, counselling or other support and services to a couple by
reason of their marriage,

(and any corresponding right of persons with respect to the activities of members
of the clergy in paragraphs (a) to (c) of this subsection) is not extended by this Act
to marriages of same sex couples.’.

“compelled” includes, but is not limited to, the following activities:

(a) the imposition of any penalties (whether civil or criminal),

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

(c) the intitiation of any legal action by way of a review,

in each case as a result of the exercise by a relevant governing or relevant religious
organisation of functions relating to giving any consent or to refusing to give any consent
provided for in sections 2, 4, 5, or 7 of this Act.’.

‘( 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 concientious
objection.

(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 for its
area to carry out in that area the functions of registrars and superintendents.

(4) In any legal proceedings the burden of proof of conscientious objection shall rest
on the person claiming to rely on it.’.

“Marriage counselling etc.

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

(a) a marriage preparation course,

(b) a marriage counselling or guidance service, or

(c) an agency to help people find a spouse,

and does not extend those services to marriages of same-sex couples.’.

‘Marriage according to religious rites: Opt-in and opt-out activity

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

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

(b) undertakes an opt-out activity.

(2) Expressions used in this paragraph and in section 2 of the Marriage (Same Sex
Couples) Act 2013 have the same meaning in this paragraph as in that
section.’.

‘Religious premises: Trustees

(1) A person who is the trustee of a trust for the advancement of religion does not
contravene section 29 only because he refuses to consent to premises owned or
controlled by the trust being used for marriages of same sex couples.’.

‘(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 relevant governing authority or
relevant religious organisation to give any consent or to refuse to give any consent
provided for in sections 2, 4, 5, or 7 of this Act’.

‘Human Rights Act 1998. (c.42)

The Human Rights Act 1998 is amended as follows.

Section 6: after subsection 3 insert—

The Education Act 1996 is amended as follows.

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

(1E) For the purposes of subsection (1A), no school shall be under any duty as a result
of guidance issued, to promote or endorse any understanding of the nurture of
marriage that is contrary to the character and designation of the school.”.’.

‘Public Order Act 1986

(1) Section 29JA is amended as follows.

(2) For section 29JA there shall be subsituted the following—

(1) Section 89 (interpretation and exceptions): After subsection (1) insert—

‘A charitable trust deed which includes in its objects, directly or indirectly, the
promotion of marriage or the provision of marriage counselling is not extended
by this Act to marriages of same-sex couples.’.

‘In the event that a school teaches about same-sex marriage in a way which
conflicts with the beliefs of a parent, that parent shall have a right to withdraw
their child from the lesson or lessons in which that teaching takes place,
regardless of whether the lesson is deemed to constitute sex education.’.

‘(3A) No person shall be subject to discrimination or other unfavourable action in the
course of employment or in the provision of goods or services for stating or
teaching that a same sex marriage is not morally equivalent to a marriage between
a man and a woman.

(3B) Where a person alleges in any proceedings that there has been discrimination or
other unfavourable action against him for reasons which include that he has stated
or taught that a same sex marriage is not morally equivalent to a marriage between
a man and a woman, it shall be for the person against whom those proceedings
are brought to prove that the reasons for the action constituting the alleged
discrimination or other unfavourable treatment did not include those statements
or teaching regarding same sex marriage.

(3C) The reference in subsection (3A) above to discrimination or other unfavourable
action in the course of employment or in the provision of goods or service
includes—

(a) discriminating by not concluding a contract of employment with the
person stating or teaching that a same sex marriage is not morally
equivalent to a marriage between a man and a woman,

(b) discriminating by not concluding a contract for the provision of goods or
services with the person stating or teaching that a same sex marraige is
not morally equivalent to a marriage between a man and a woman,

(c) not offering a benefit, whether financial or not, to the person stating or
teaching that a same sex marriage is not morally equivalent to a marriage
between a man and a woman that is or would be offered to a person
stating or teaching that a same sex marriage is morally equivalent to a
marriage between a man and a woman.’.