Marriage (Same Sex Couples) Bill (HC Bill 3)

Part 1 Marriage of same sex couples in England and Wales

Extension of marriage

1 Extension of marriage to same sex couples

(1) 5Marriage of same sex couples is lawful.

(2) The marriage of a same sex couple may only be solemnized in accordance
with—

(a) Part 3 of the Marriage Act 1949,

(b) Part 5 of the Marriage Act 1949,

(c) 10the Marriage (Registrar General’s Licence) Act 1970, or

(d) an Order in Council made under Part 1 or 3 of Schedule 6.

(3) No Canon of the Church of England is contrary to section 3 of the Submission
of the Clergy Act 1533 (which provides that no Canons shall be contrary to the
Royal Prerogative or the customs, laws or statutes of this realm) by virtue of its
15making provision about marriage being the union of one man with one
woman.

(4) Any duty of a member of the clergy to solemnize marriages (and any
corresponding right of persons to have their marriages solemnized by
members of the clergy) is not extended by this Act to marriages of same sex
20couples.

(5) A “member of the clergy” is—

(a) a clerk in Holy Orders of the Church of England, or

(b) a clerk in Holy Orders of the Church in Wales.

Religious protection

2 5Marriage according to religious rites: no compulsion to solemnize etc

(1) A person may not be compelled to—

(a) undertake an opt-in activity, or

(b) refrain from undertaking an opt-out activity.

(2) A person may not be compelled—

(a) 10to conduct a relevant marriage,

(b) to be present at, carry out, or otherwise participate in, a relevant
marriage, or

(c) to consent to a relevant marriage being conducted,

where the reason for the person not doing that thing is that the relevant
15marriage concerns a same sex couple.

(3) In this section—

• “opt-in activity” means an activity of the kind specified in an entry in the
  first column of the following table which falls to be undertaken for the
  purposes of any enactment specified in the corresponding entry in the
  20second column;

• “opt-out activity” means an activity which reverses, or otherwise
  modifies, the effect of an opt-in activity.

(4) In this section—

• “1949 Act” means the Marriage Act 1949;

• 20“armed forces overseas marriage Order” means an Order in Council
  under Part 3 of Schedule 6;

• “person”—

  (a)

  includes a religious organisation;

  (b)

  does not include a registrar, a superintendent registrar or the
  25Registrar General;

• “relevant marriage” means—

  (a)

  a marriage of a same sex couple solemnized in accordance
  with—

  (i)

  section 26A or 26B of the 1949 Act (marriage in a place of
  30worship or in another place according to religious rites
  or usages),

  (ii)

  Part 5 of the 1949 Act (marriage in a naval, military or air
  force chapel),

  (iii)

  section 1 of the Marriage (Registrar General’s Licence)
  35Act 1970 (deathbed marriage), where the marriage is
  according to religious rites or usages, or

  (iv)

  an armed forces overseas marriage Order, where the
  marriage is according to religious rites or usages,

  including any ceremony forming part of, or connected with, the
  40solemnization of such a marriage; and

  (b)

  a marriage ceremony read or celebrated in accordance with
  section 46 of the 1949 Act in respect of a same sex couple
  (religious ceremony after registrar’s marriage of same sex
  couple);

  45and a reference to conducting a relevant marriage is to be read
  accordingly.

(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

25A Marriage according to religious rites: no compulsion to solemnize etc

(1) 5A 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,

10for the reason that the marriage is the marriage of a same sex couple.

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

Part 3 of the Marriage Act 1949

3 15Marriage for which no opt-in necessary

In Part 3 of the Marriage Act 1949, for section 26 substitute—

“26 Marriage of a man and a woman; marriage of same sex couples for
which no opt-in necessary

(1) The following marriages may be solemnized on the authority of two
20certificates of a superintendent registrar—

“(a) a marriage of a man and a woman, in a building registered
under section 41, according to such form and ceremony as the
persons to be married see fit to adopt;

(b) a marriage of any couple in the office of a superintendent
25registrar;

(bb) a marriage of any couple on approved premises;

(c) a marriage of a man and a woman according to the usages of the
Society of Friends (commonly called Quakers);

(d) a marriage between a man and a woman professing the Jewish
30religion according to the usages of the Jews;

(dd) a qualifying residential marriage;

(e) a marriage of a man and a woman according to the rites of the
Church of England in any church or chapel in which banns of
matrimony may be published.”

(2) 35In this section “qualifying residential marriage” means—

(a) the marriage of a man and a woman (other than a marriage in
pursuance of subsection (1)(c) or (d) above), one or each of
whom is house-bound or a detained person, at the usual place
of residence of the house-bound or detained person or persons,
40or

(b) the marriage of a same sex couple (other than a marriage
according to the rites of the Church of England or other
religious rites or usages), one or each of whom is house-bound

or a detained person, at the usual place of residence of the
house-bound or detained person or persons.”.

4 Opt-in: marriage in places of worship

(1) After section 26 of the Marriage Act 1949 insert—

“26A 5Opt-in to marriage of same sex couples: places of worship

(1) A marriage of a same sex couple in an appropriately registered
building according to such form and ceremony as the persons to be
married see fit to adopt may be solemnized on the authority of two
certificates of a superintendent registrar.

(2) 10For the purposes of this section “appropriately registered building”
means a building which has been registered under section 43A.

(3) An application for registration of a building under section 43A may not
be made unless the relevant governing authority has given written
consent to marriages of same sex couples.

(4) 15For that purpose, in relation to a building—

• “relevant governing authority” means the person or persons
  recognised by the members of the relevant religious
  organisation as competent for the purpose of giving consent for
  the purposes of this section;

• 20“relevant religious organisation” means the religious organisation
  for whose religious purposes the building is used.

(5) Nothing in this section is to be taken to relate or have any reference to
marriages solemnized according to the rites of the Church of England.

(6) This section is subject (in particular) to sections 44A to 44C (registration
25of shared buildings for marriage of same sex couples) and regulations
made under any of those sections.”.

(2) Schedule 1 (registration of buildings etc) has effect.

5 Opt-in: other religious ceremonies

After section 26A of the Marriage Act 1949 insert—

“26B 30Opt-in to marriage of same sex couples: other religious ceremonies

(1) A marriage may, in any of the following cases, be solemnized on the
authority of two certificates of a superintendent registrar.

(2) Case A is where—

(a) the marriage is of a same sex couple according to the usages of
35the Society of Friends (commonly called Quakers), and

(b) the relevant governing authority has given written consent to
such marriages of same sex couples.

(3) For that purpose “relevant governing authority” means the recording
clerk for the time being of the Society of Friends in London.

(4) 40Case B is where—

(a) the marriage is of a same sex couple professing the Jewish
religion according to the usages of the Jews, and

(b) the relevant governing authority has given written consent to
such marriages of same sex couples.

(5) 5For that purpose—

• “relevant governing authority” means the person or persons
  designated by the relevant secretary of a synagogue as
  competent for the purpose of giving consent for the purpose of
  this section;

• 10“relevant secretary of a synagogue” means the secretary of a
  synagogue by whom the marriage would be registered in
  accordance with section 53(c) if it were to take place.

(6) Case C is where—

(a) the marriage is of a same sex couple according to religious rites
15or usages (other than the rites of the Church of England),

(b) one or each of the couple is house-bound or a detained person,

(c) the marriage is at the usual place of residence of the house-
bound or detained person or persons, and

(d) the relevant governing authority has given written consent to
20marriages of same sex couples according to those religious rites
or usages.

(7) For that purpose—

• “relevant governing authority” means the person or persons
  recognised by the members of the relevant religious
  25organisation as competent for the purpose of giving consent for
  the purposes of this section;

• “relevant religious organisation” means the religious organisation
  according to whose rites or usages the marriage is to be
  solemnized.

(8) 30Subsection (6) does not authorise a marriage that may be solemnized
under subsection (2) or (4).”.

Part 5 of the Marriage Act 1949

6 Armed forces chapels

(1) Part 5 of the Marriage Act 1949 is amended as follows.

(2) 35Section 68 (solemnization of marriages in naval, military and air force chapels):
after subsection (1) insert—

“(1A) Nothing in this Part of this Act which applies to the marriage of same
sex couples applies to marriage according to the rites of the Church of
England.”.

(3) 40Section 70 (registration of chapels for marriages otherwise than according to
rites of Church of England): after subsection (3) insert—

“(4) This section does not apply to the marriage of same sex couples.”.

(4) After section 70 insert—

“70A Registration of chapels for marriages of same sex couples otherwise
than according to rites of Church of England

(1) The Secretary of State may apply to the Registrar General for a chapel
5to which this Part applies to be registered for the solemnization of
marriages of same sex couples.

(2) Where an application is made under this section, subsections (1) to (3)
of section 70 apply to the application as if it had been made under
section 70.

(3) 10Where a chapel is registered on an application under this section,
subsections (1) to (3) of section 70 apply in relation to the chapel as if it
had been registered on an application under section 70.

(4) Any application for the cancellation of a registration is to be made by
the Secretary of State.

(5) 15The Secretary of State may by statutory instrument make regulations
about—

(a) the registration of chapels under this section, and

(b) the cancellation of registrations.

(6) The regulations may, in particular, make provision—

(a) 20as to the procedures to be followed by the Secretary of State in
making an application for registration or an application for
cancellation of a registration;

(b) as to the procedures to be followed by the Registrar General on
an application for registration or an application for cancellation
25of a registration;

(c) as to consents required before an application for registration
may be made (including such provision amending section 2 of
the Marriage (Same Sex Couples) Act 2013 as the Secretary of
State considers appropriate to secure that the giving of such a
30consent is an opt-in activity under that section).

(7) A statutory instrument containing regulations under this section may
not be made unless a draft of the instrument has been laid before, and
approved by resolution of, each House of Parliament.

(8) In this section a reference to the cancellation of a registration is a
35reference to the cancellation, under section 70(2) (as applied by this
section), of a registration under this section.”.

The Marriage (Registrar General’s Licence) Act 1970

7 Opt-in: “deathbed marriages”

In section 1 of the Marriage (Registrar General’s Licence) Act 1970 (marriages
40which may be solemnized by Registrar General’s Licence), after subsection (2)
insert—

“(3) A marriage of a same sex couple according to religious rites or usages
may not be solemnized in accordance with this Act unless the relevant

governing authority has given written consent to marriages of same sex
couples according to those religious rites or usages.

(4) For that purpose—

• “relevant governing authority” means the person or persons
  5recognised by the members of the relevant religious
  organisation as competent for the purpose of giving consent for
  the purposes of this section;

• “relevant religious organisation” means the religious organisation
  according to whose rites or usages the marriage is to be
  10solemnized.”.

The Church in Wales

8 Power to allow for marriage of same sex couples in Church in Wales

(1) This section applies if the Lord Chancellor is satisfied that the Governing Body
of the Church in Wales has resolved that the law of England and Wales should
15be changed to allow for the marriage of same sex couples according to the rites
of the Church in Wales.

(2) The Lord Chancellor may, by order, make such provision as the Lord
Chancellor considers appropriate to allow for the marriage of same sex couples
according to the rites of the Church in Wales.

(3) 20The provision that may be made by an order under this section includes
provision amending England and Wales legislation.

(4) In making an order under this section, the Lord Chancellor must have regard
to the terms of the resolution of the Governing Body mentioned in subsection
(1).

(5) 25If it appears to the Lord Chancellor—

(a) that a reference in this section to the Governing Body has ceased to be
appropriate by reason of a change in the governance arrangements of
the Church in Wales, the reference has effect as a reference to such
person or persons as the Lord Chancellor thinks appropriate; or

(b) 30that a reference in this section to a resolution has ceased to be
appropriate for that reason, the reference has effect as a reference to
such decision or decisions as the Lord Chancellor thinks appropriate.

(6) In Schedule 7 to the Constitutional Reform Act 2005 (functions of the Lord
Chancellor which may not be transferred under the Ministers of the Crown Act
351975), in paragraph 4, at the end of Part A insert—

“Section 8”.

Other provisions relating to marriages of same sex couples

9 Conversion of civil partnership into marriage

(1) The parties to an England and Wales civil partnership may convert their civil
partnership into a marriage under a procedure established by regulations
5made by the Registrar General.

(2) The parties to a civil partnership within subsection (3) may convert their civil
partnership into a marriage under a procedure established by regulations
made by the Secretary of State.

(3) A civil partnership is within this subsection if—

(a) 10it was formed outside the United Kingdom under an Order in Council
made under Chapter 1 of Part 5 of the Civil Partnership Act 2004
(registration at British consulates etc or by armed forces personnel), and

(b) the part of the United Kingdom that was relevant for the purposes of
section 210(2)(b) or (as the case may be) section 211(2)(b) of that Act was
15England and Wales.

(4) Regulations under this section may in particular make—

(a) provision about the making by the parties to a civil partnership of an
application to convert their civil partnership into a marriage;

(b) provision about the information to be provided in support of an
20application to convert;

(c) provision about the making of declarations in support of an application
to convert;

(d) provision for persons who have made an application to convert to
appear before any person or attend at any place;

(e) 25in the case of regulations under subsection (1), provision conferring
functions in connection with applications to convert on relevant
officials, relevant armed forces personnel, or any other persons (other
than the Secretary of State);

(f) in the case of regulations under subsection (2), provision conferring
30functions in connection with applications to convert on relevant
officials, relevant armed forces personnel, the Secretary of State, or any
other persons;

(g) provision for fees, of such amounts as are specified in or determined in
accordance with the regulations, to be payable in respect of—

(i) 35the making of an application to convert;

(ii) the exercise of any function conferred by virtue of paragraph (e)
or (f).

(5) Functions conferred by virtue of paragraph (e) or (f) of subsection (4) may
include functions relating to—

(a) 40the recording of information on the conversion of civil partnerships;

(b) the issuing of certified copies of any information recorded;

(c) the conducting of services or ceremonies (other than religious services
or ceremonies) following the conversion of a civil partnership.

(6) Regulations under subsection (1) may not be made without the consent of the
45Secretary of State.

(7) Where a civil partnership is converted into a marriage under this section—