Marriage (Same Sex Couples) Bill

Amendments
to be moved
in committee

After Clause 1

LORD DEAR

 

Insert the following new Clause—

“Protecting belief in traditional marriage

Any person, in exercising functions under or in consequence of this Act
shall have regard to the following—

(a)   that prior to the coming into force of this Act, marriage was the
union of one man and one woman for life to the exclusion of all
others (“traditional marriage”);

(b)   that belief in traditional marriage is a belief worthy of respect in a
democratic society;

(c)   that no person should suffer any detriment because of their belief in
traditional marriage.”

Clause 5

BARONESS STOWELL OF BEESTON

 

Page 6, line 18, leave out from “purpose” to end of line 25 and insert “the meaning
of “relevant governing authority” is to be determined in accordance with this
table—

 
The “relevant governing authority” is...

...if the marriage falls to be registered by...
 
the Chief Rabbi of the United Hebrew
Congregations of the Commonwealth

the secretary of a synagogue certified
under paragraph (a) of the relevant
definition (certification by the
President of the Board of Deputies)
 
the person or persons duly recognised
by the members of—
(i) the West London Synagogue of
British Jews (“the West London
Synagogue”), and
(ii) the other synagogues that are
constituents of or affiliated to the
Movement for Reform Judaism

—either the secretary of the West
London Synagogue, as certified under
paragraph (b) of the relevant
definition
—or the secretary of another
synagogue in a case where:
(i) the secretary is certified under
paragraph (d) of the relevant
definition by the secretary of the West
London Synagogue, and
(ii) the synagogue is one of those
which are constituents of or affiliated
to the Movement for Reform Judaism
 
the person or persons duly recognised
by the members of—
(i) the Liberal Jewish Synagogue, St.
John’s Wood (“the St. John’s Wood
Synagogue”), and
(ii) the other synagogues that are
constituents of or affiliated to Liberal
Judaism

—either the secretary of the St. John’s
Wood Synagogue, as certified under
paragraph (c) of the relevant definition
—or the secretary of another
synagogue in a case where:
(i) the secretary is certified under
paragraph (d) of the relevant
definition by the secretary of the St.
John’s Wood Synagogue, and
(ii) the synagogue is one of those
which are constituents of or affiliated
to Liberal Judaism
 
the person or persons duly recognised
by the members of the synagogue by
whose secretary the marriage falls to
be registered

the secretary of a synagogue certified
under paragraph (d) of the relevant
definition (certification by the
secretary of the West London
Synagogue or the secretary of the St.
John’s Wood Synagogue) in a case
where the synagogue is not one of
those which are constituents of or
affiliated to:
(i) the Movement for Reform Judaism,
or
(ii) Liberal Judaism

In that table—

(a)   “relevant definition” means the definition of “secretary of a
synagogue” in section 67;

(b)   a reference to a person or persons being duly recognised is a
reference to the person or persons being recognised for the purpose
of giving consent for the purposes of this section.”

Clause 16

BARONESS STOWELL OF BEESTON

 

Page 12, line 37, leave out paragraph (a)

Schedule 3

BARONESS STOWELL OF BEESTON

 

Page 25, line 23, leave out “Paragraphs 1 and 2 do” and insert “This Part of this
Schedule does”

Schedule 4

BARONESS STOWELL OF BEESTON

 

Page 28, line 13, leave out “as to the validity of a marriage” and insert “of validity”

 

Page 29, line 29, leave out “as to the validity of a marriage” and insert “of validity”

 

Page 30, line 34, at end insert—

“Interpretation

6 In this Schedule “declaration of validity” means—

(a)   a declaration as to the validity of a marriage,

(b)   a declaration as to the subsistence of a marriage, or

(c)   a declaration as to the validity of a divorce, annulment
or judicial separation obtained outside England and
Wales in respect of a marriage.”

Schedule 7

BARONESS STOWELL OF BEESTON

 

Page 50, line 23, at end insert—

   (1)   Section 25 (void marriages) is amended as follows.

(2)   At the beginning insert—

“(1)   A marriage shall be void in any of the following cases.”.

(3)   The existing wording of section 25 becomes subsection (2) of that section;
and, at the beginning of that subsection, for “If any persons” substitute—

“(2)   Case A is where any persons”.

(4)   For the words after paragraph (d) substitute—

“(3)   Case B is where any persons knowingly and wilfully consent to
or acquiesce in the solemnization of a Church of England
marriage between them by a person who is not in Holy Orders.

(4)   Case C is where any persons of the same sex consent to or
acquiesce in the solemnization of a Church of England marriage
between them.

(5)   In subsections (3) and (4) “Church of England marriage” means a
marriage according to the rites of the Church of England.”.”

 

Page 53, line 10, at end insert—

After section 49 insert—

“49A          Void marriages: additional provision about same sex couples

(1)   If a same sex couple knowingly and wilfully intermarries under
the provisions of this Part of this Act in the absence of the
required consent, the marriage shall be void.

(2)   In this section, in relation to a marriage of a same sex couple,
“required consent” means consent under—

(a)   section 26A(3), in a case where section 26A applies to the
marriage (but section 44A does not apply to it);

(b)   section 26A(3) and section 44A(6), in a case where section
26A and section 44A apply to the marriage;

(c)   section 26B(2)(b), in a case where section 26B(1), (2) and
(3) apply to the marriage;

(d)   section 26B(4)(b), in a case where section 26B(1), (4) and
(5) apply to the marriage;

(e)   section 26B(6)(d), in a case where section 26B(1), (6) and
(7) apply to the marriage.”.”

 

Page 53, line 45, at end insert—

“( )   After subsection (5) insert—

“(6)   If, for the purpose of any provision of this Act, a relevant
governing authority has given written consent to marriages of
same sex couples, the validity of that consent is not affected only
because there is a change in the person or persons constituting
that relevant governing authority.”.”

 

Page 54, line 19, at end insert—

After section 13 insert—

“13A          Void marriages: additional provision about same sex couples

(1)   If a same sex couple knowingly and wilfully intermarries under
the provisions of this Act in the absence of the required consent,
the marriage shall be void.

(2)   In this section “required consent” means consent under section
1(3).”.”

 

Page 54, line 22, at end insert—

“Public Order Act 1986 (c. 64)

   (1)   Section 29JA of the Public Order Act 1986 (protection of freedom of
expression (sexual orientation)) is amended in accordance with this
paragraph.

(2)   The existing provision of section 29JA becomes subsection (1) of that
section.

(3)   After that provision insert—

“(2)   In this Part, for the avoidance of doubt, any discussion or
criticism of marriage which concerns the sex of the parties to
marriage shall not be taken of itself to be threatening or intended
to stir up hatred.”.”

Prepared 11th June 2013