House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

43

House of Commons

Tuesday 26 February 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Marriage (Same Sex Couples) Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [12 February].

Mr David Burrowes

Tim Loughton

Jim Shannon

15

Clause  1,  page  1,  line  5,  leave out subsection (1) and insert—

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

Mr David Burrowes

Tim Loughton

Jim Shannon

16

Clause  1,  page  1,  line  5,  leave out subsection (1) and insert—

‘(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.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

17

Clause  1,  page  1,  line  5,  leave out subsection (1) and insert—

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

couples of the opposite sex.’.

Public Bill Committee: 26 February 2013
44

Marriage (Same Sex Couples) Bill, continued

Mr David Burrowes

Tim Loughton

Jim Shannon

18

Clause  1,  page  1,  line  5,  leave out subsection (1) and insert—

‘(1)
Marriage of same sex couples is legally equivalent and is deemed to be morally

equivalent to marriage between couples of the opposite sex.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

19

Clause  1,  page  1,  line  5,  at end insert ‘and is deemed to be equivalent to the

marriage of different sex couples.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

20

Clause  1,  page  1,  line  5,  at end add—

‘( )
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.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

21

Clause  1,  page  1,  line  5,  at end add—

‘( )
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.’.

Mr David Burrowes

Tim Loughton

Mr Rob Wilson

10

Clause  1,  page  1,  line  6,  after ‘The’, insert ‘civil’.

Mr David Burrowes

Tim Loughton

Jim Shannon

22

Clause  1,  page  1,  line  16,  at end insert ‘Nothing in this Act shall prejudice the

rights, privileges or powers of the Church of England to make provision about marriage.’.

Public Bill Committee: 26 February 2013
45

Marriage (Same Sex Couples) Bill, continued

Mr David Burrowes

Tim Loughton

Jim Shannon

23

Clause  1,  page  1,  line  17,  leave out subsection (4) and insert—

‘Any duty of a member of the clergy—

(a)
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.’.

Mr David Burrowes

Tim Loughton

Mr Rob Wilson

11

Clause  1,  page  1,  line  20,  at end add—

‘(5)
Any duty of a registrar to conduct a marriage is not extended by this Act to

marriages of same sex couples where a registrar holds a conscientious objection

to conducting such marriages.’.

Mr David Burrowes

Tim Loughton

12

Clause  1,  page  2,  line  3,  at end insert—

‘( )
Premises owned or under the control of bodies specified in Schedule [  ] may not

be licensed for the solemnization of a same sex marriage.

( )
The Secretary of State must, by order or regulations, amend the list of bodies

specified in Schedule [  ] if further bodies notify him that they wish to be

included in the Schedule.’.

Tim Loughton

Mr David Burrowes

35


Clause  1,  page  2,  line  3,  at end insert—

‘(c)
a priest whose orders are recognised as Anglican by the Church of

England or the Church in Wales.’.

Tim Loughton

Mr David Burrowes

36


Clause  1,  page  2,  line  3,  at end insert—

‘(d)
any person acting in respect of any of the conduct specified in subsection

(4) above on the instructions of any person mentioned in paragraphs (a)

to (c) of this subsection.’.

Public Bill Committee: 26 February 2013
46

Marriage (Same Sex Couples) Bill, continued

Kate Green

Chris Bryant

9

Clause  2,  page  2,  line  9,  after ‘compelled’, insert ‘by a couple who wish to be

married’.

Mr David Burrowes

Tim Loughton

Jim Shannon

34

Clause  2,  page  2,  line  22,  at end insert—

‘(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 marriage 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.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

24

Clause  2,  page  3,  line  16,  at end insert—

“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.’.

Public Bill Committee: 26 February 2013
47

Marriage (Same Sex Couples) Bill, continued

Mr David Burrowes

Tim Loughton

Jim Shannon

25

Clause  2,  page  3,  line  21,  leave out subsection (b).

Mr David Burrowes

Tim Loughton

Jim Shannon

26

Clause  2,  page  4,  line  13,  at end insert—

“Marriage counselling etc.

25B(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.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

27

Clause  2,  page  4,  line  13,  at end insert—

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

25B(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.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

28

Clause  2,  page  4,  line  13,  at end insert—

‘Religious premises: Trustees

25B(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.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

29

Clause  2,  page  4,  line  13,  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 relevant governing authority or

Public Bill Committee: 26 February 2013
48

Marriage (Same Sex Couples) Bill, continued

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’.

Kate Green

Chris Bryant

Stephen Williams

Stephen Doughty

2

Clause  8,  page  8,  line  17,  leave out ‘may’ and insert ‘shall’.

Kate Green

Chris Bryant

Stephen Williams

Stephen Doughty

3

Clause  8,  page  8,  line  20,  leave out ‘may’ and insert ‘shall’.

Dr Julian Huppert

7

Clause  9,  page  10,  line  24,  at end insert—

‘(9)
Where a civil partnership formed under part 1, section 96 of the Civil Partnership

Act (Civil Partnership with former spouse) is converted into a marriage under this

section—

(a)
the civil partnership ends on the conversion, and

(b)
if both partners so elect, the resulting marriage is to be treated as having

subsisted since the marriage dissolved under Schedule 2 of the Gender

Recognition Act 2004 was formed.’.

Dr Julian Huppert

5

Schedule  5,  page  36,  leave out lines 10 to 37 and insert—


‘Section 4 (successful applications): for subsections (2) and (3) substitute—

  “(2)
The certificate is to be a full gender recognition certificate if—

(a)
the applicant is not a civil partner and does not request an

interim gender recognition certificate,

(b)
or the applicant is a civil partner who does not request an

interim gender recognition certificate and the Panel has

decided to issue a full gender recognition certificate to the

other party to the civil partnership.

      (3)
The certificate is to be an interim gender recognition certificate if

either—

Public Bill Committee: 26 February 2013
49

Marriage (Same Sex Couples) Bill, continued

(a)
the applicant is a party to a protected civil partnership and

the other party to the civil partnership has not made an

application under section 1(1),

(b)
the applicant is a party to a protected civil partnership and

the Panel has decided not to issue a full gender recognition

certificate to the other party to the civil partnership,

(c)
or the applicant is party to a protected marriage, requests an

interim gender recognition certificate and the application

includes a statutory declaration of consent from the

applicant’s spouse.

    (3A)
If a gender recognition panel issues a full gender recognition

certificate under this section to an applicant who is a party to a

marriage or civil partnership, the panel must give the applicant’s

spouse notice of the issue of the certificate.”.’.

Dr Julian Huppert

6

Schedule  5,  page  39,  line  39,  leave out ‘(by virtue of section 4(2)(b) or 4A)’.

Hugh Bayley

13

Schedule  5,  page  40,  line  18,  at end insert—

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

certificate

9A
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.”.’.



© Parliamentary copyright	Revised 26 February 2013