Marriage (Same Sex Couples) Bill

Insert the following new Clause—

“Protecting belief in traditional marriage: public authorities

(1)   A public authority, or any person exercising a public function, 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.

(2)   In this section, a public authority is a person who is specified in Schedule
19 to the Equality Act 2010, and a public function is a function that is a
function of a public nature for the purposes of the Human Rights Act 1998.”

Insert the following new Clause—

“Right to choose basis of marriage

(1)   Nothing in this Act takes away the right of a man and woman to enter a
traditional marriage.

(2)   A “traditional marriage” is one where the basis of the marriage is the
voluntary union of one man and one woman for life, to the exclusion of all
others.

(3)   A traditional marriage may be solemnized in accordance with—

(a)   Part 2 of the Marriage Act 1949, or

(b)   any other statutory provision authorising the marriage, provided
the ceremony contains a declaration by the parties in the following
form, or words to that effect— “I [name] take you [name] as my
husband [or wife], and forsaking all others, promise to remain
faithful to you as long as we both shall live.”

(4)   The Registrar General shall maintain a public register of those whose
marriages have been solemnized in accordance with subsection (3) and
who notify the Registrar General of their wish to be included in it.”

Page 2, line 13, at end insert “or

( )   to express agreement with a relevant marriage,”

Page 4, line 4, at end insert “or

( )   expresses disagreement with a relevant marriage,”

Page 4, line 9, at end insert—

“( )   For the purposes of section 149 of the Equality Act 2010, no regard may be
had by any public authority to—

(a)   any decision by a person whether or not to opt-in, conduct, be
present at, carry out, participate in, or consent to the taking place of,
relevant marriages; or

(b)   the expression by a person of the opinion or belief that marriage is
the union of one man with one woman.”

Page 4, line 19, at end insert “or

( )   expresses disagreement with a relevant marriage,”

Page 4, line 20, at end insert—

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

(a)   does not conduct a service of blessing for a relevant
marriage, or

(b)   is not present at, does not carry out, or does not otherwise
participate in, a service of blessing for a relevant
marriage, or

(c)   does not consent to a service of blessing for a relevant
marriage being conducted, for the reason that the
marriage is the marriage of a same sex couple.””

Insert the following new Clause—

“Meaning of “compel”

(1)   For the purpose of this Act “compelled” includes, but is not limited to—

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

(b)   the imposition of any criminal or civil penalty,

as a result of a decision not to opt-in, conduct, be present at, participate in,
or consent to the taking place of relevant marriages.

(2)   Expressions used in this section have the same meaning as the expressions
in section 2 of this Act.”

Page 22, line 7, leave out “The Secretary of State may, by order, provided that,” and
insert “The Court of Session may, on application by both parties, determine
whether or not”

Page 22, line 12, leave out sub-paragraph (2)

Page 22, line 38, leave out “an order” and insert “a determination”

Page 22, line 40, leave out “ 1(2) or”

Page 23, line 24, leave out “an order” and insert “a determination”

Page 11, line 5, at end insert—

“( )   It shall be lawful to refer to marriage between two people of the opposite
sex as “traditional marriage” and it shall be lawful to refer to marriage
between two people of the same sex as “same sex marriage”.”

Page 27, line 4, leave out paragraph 3

Page 27, line 10, leave out paragraph 4

Insert the following new Clause—

“Matrimonial marriages

(1)   Lawful marriage between a man and a woman is matrimony.

(2)   Lawful marriages between a man and a woman are matrimonial marriages.

(3)   All legislation regulating or relating to marriage having effect before the
passage of this Act continues in effect in relation to matrimonial marriages
save as varied or modified by any provision of this Act.

(4)   The Secretary of State or the Lord Chancellor may by order vary, modify or
repeal legislation regulating or relating to matrimonial marriages if it
appears that such variation, modification or repeal is required as a
consequence of the passage of this Act.”

Page 56, line 6, at end insert—

“39A          After section 26 (harassment) insert— 

“26A           Discussion or criticism of same sex marriage

For the purposes of this Act, and for the avoidance of doubt,
discussion or criticism of same sex marriage shall not be taken of
itself to be discrimination or harassment.””

Page 12, line 34, at end insert—

“(d)   an order under section (Matrimonial marriages)(4);”