Marriage (Same Sex Couples) Bill

Page 1, line 5, leave out “Marriage” and insert “Union”

Page 1, line 5, at end insert “and shall be referred to as “marriage (same sex
couples)””

Withdrawn

Page 2, line 3, at end insert—

“(c)   a priest of the Roman Catholic Church in England or Wales.”

Page 2, line 3, at end insert—

“(6)   No person to whom subsection (7) applies may deprive another person of
an office or appointment for holding or having publicly expressed the
belief that marriage is, or should be, the exclusive union for life of one man
and one woman, nor may such a circumstance applying to a candidate for
such an office be taken into account as a factor against appointment.

(7)   This subsection applies to those making appointments to any public office
as defined in section 50(2) of the Equality Act 2010 or any appointment
made by a person who is specified in Schedule 19 to that Act or any person
exercising a function that is a function of a public nature for the purposes
of the Human Rights Act 1998.

(8)   A breach of subsection (6) may confer a cause of action at private or public
law.”

Page 2, line 3, at end insert—

“(6)   Within three months of the passing of this Act the Secretary of State must,
by order or regulations, create a statutory list of religious bodies owning or
controlling premises who notify him that they do not wish to be eligible to
undertake an opt-in activity for the purposes of section 2.

(7)   Any body listed in the statutory list created by subsection (6) may not
undertake an opt-in activity for the purposes of section 2.

(8)   The Secretary of State must, by order or regulations, amend the statutory
list in subsection (6) if any body notifies him that they wish to be included
or removed.”

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.”

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 3, leave out lines 21 and 22

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—

“( )   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—

“Conscientious objection

(1)   Subject to subsections (2) and (3), no registrar shall be under any duty,
whether by contract or by any statutory or other legal requirement, to
conduct, be present at, carry out, participate in, or consent to the taking
place of, a relevant marriage ceremony to which he has a conscientious
objection.

(2)   Nothing in subsection (1) shall affect the duty of each registration authority
to ensure that there is a sufficient number of relevant marriage registrars
for its area to carry out in that area the functions of relevant marriage
registrars.

(3)   The conscientious objection must be based on a sincerely held religious or
other belief.

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

Insert the following new Clause—

“Meaning of “compelled”

(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.”

Insert the following new Clause—

“Meaning of “compelled” (No. 2)

For the avoidance of doubt, a person does not exercise a public function for
the purposes of the Human Rights Act 1996, the Equality Act 2010, or
judicial review, when the person—

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

(b)   undertakes an opt-out activity.”

Insert the following new Clause—

“Protection for beliefs about marriage

After section 10(3) of the Equality Act 2010 insert—

“(4)   For the avoidance of doubt, the protected characteristic of religion
or belief may include the belief that marriage should only be
between a man and a woman.””

Page 5, line 33, at end insert—

““recognised” means recognised according to the ordinary
customs and usage of the organisation and in the event of a
dispute between the members over which person or persons
are recognised for the purpose of giving consent for the
purposes of this section, the Secretary of State shall consult
all members of the relevant religious organisation to
determine which person or persons are recognised, and this
shall include power to order a ballot of members in which a
quorum of 66 per cent shall be required and recognition
shall be determined by a majority vote;

“members” means those whose names have appeared on a
formal membership roll kept by the relevant religious
organisation for a period of at least 12 months prior to
written consent being given, and if no such roll is kept, then
the members shall be deemed to be those who have
attended worship at the place of worship for a majority of
services of worship during the 12 months prior to written
consent being given.”

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—

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.”

Page 6, line 39, at end insert “and for Sikhs, the relevant governing authority is the
Shri Gurdwara Parbandhak Committee (SGPC) in Amritsar India”

Insert the following new Clause—

“School Standards and Framework Act 1998: consciences of teachers

After section 60 of the School Standards and Framework Act 1998 insert—

“60A          Teaching about marriage

(1)   This section applies to a maintained school.

(2)   No teacher shall be required to endorse same sex marriage if he has
a conscientious objection to so doing based on his religious or other
beliefs.

(3)   No teacher at the school shall receive any less remuneration or be
deprived of, or disqualified for, any promotion or other advantage
by reason of the fact that he relies on subsection (2) above.””

Insert the following new Clause—

“Education Act 1996: right of withdrawal

After section 405 of the Education Act 1996 insert—

“405A           General right of withdrawal: lessons about marriage

(1)   This section applies to any teaching about same sex marriage
outside of sex education.

(2)   If the parent of any pupil in attendance at a maintained school
requests that he may be wholly or partly excused from lessons to
which this section applies, the pupil shall be so excused accordingly
until the request is withdrawn.

(3)   For the purposes of subsection (2) a school must inform parents of
registered pupils at that school at least one week in advance of any
lesson to which this section applies.””

Page 9, line 23, at end insert—

“(3A)    Regulations under this section shall in particular make provision for—

(a)   each party to a civil partnership within subsections (1) or (3) to
undertake before witnesses and by oath or by solemn affirmation to
honour the contract and the other party to it for as long as both of
them are alive;

(b)   the oath or solemn affirmation referred to in paragraph (a) shall be
made before not less than three witnesses;

(c)   neither a registrar conducting the conversion of a contract nor
either of the parties to that contract may act as a witness under the
provision of paragraph (b);

(d)   the oath or solemn affirmation referred to in paragraph (a) shall be
recorded in the certificate of marriage issued by the Registrar on
completion of the conversion.

Page 10, line 40, at end insert—

“(2A)    A marriage under the law of England and Wales shall be recognised under
the law of any part of the United Kingdom, irrespective of whether the
marriage is of a same sex couple.”

Page 11, line 1, leave out subsection (3)

Insert the following new Clause—

“Marriages at sea

In section 26 of the Marriage Act 1949 (), after subsection (1)(e)
insert—

“(f)   a marriage of a same sex couple conducted by the Master of
a British ship registered under the Merchant Shipping Act
1995 while that ship is sailing outside of the territorial
waters of England and Wales.””

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 4, at beginning insert “Subject to the later provisions of this Act,”

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”.”

Insert the following new Clause—

“Discrimination claims: duty to indemnify defendants

(1)   The Secretary of State must indemnify from public funds any costs
incurred by any person as a result of defending relevant legal proceedings.

(2)   Relevant legal proceedings are any discrimination claims made possible by
the enactment of this Act.

(3)   The duty in subsection (1) does not apply to costs recovered by a defendant
in the proceedings.”

Insert the following new Clause—

“Amendment of Education Act 1996

(1)   Section 403 of the Education Act 1996 is amended as follows.

(2)   After subsection (1C) insert—

“(1CA)   Guidance under subsection (1A) must provide for education about
the nature of marriage and its importance for family life and the
bringing up of children to be given to registered pupils at schools
which have a religious character in accordance with the tenets of the
relevant religion or religious denomination.”

(3)   After subsection (2) insert—

“(3)   For the purposes of subsection (1CA)—

(a)   a school has a religious character if it is designated as a
school having such a character by an order made by the
Secretary of State under section 69(3) of the School
Standards and Framework Act 1998 (“the 1998 Act”); and

(b)   “the relevant religion or religious denomination” means the
religion or denomination specified in relation to the school
under section 69(4) of the 1998 Act.

(4)   Subsection (5) applies where—

(a)   Academy arrangements have been entered into between the
Secretary of State and another person;

(b)   the terms of the Academy arrangements have the effect of
requiring that other person to have regard to guidance
issued under subsection (1A) above; and

(c)   the Academy is designated as having a religious character
by an order made by the Secretary of State under section 69,
as applied by section 124B, of the 1998 Act or is treated as
having been so designated by virtue of section 6(8) of the
Academies Act 2010.

(5)   Where this subsection applies, subsection (1CA), and guidance
issued under subsection (1A), are to be construed as if references to
schools which have a religious character were references to the
Academy.””

Insert the following new Clause—

“Equality Act 2010

In the Equality Act 2010, after section 212, insert—

“212A           Expression of opinion or belief as to marriage

For the purposes of this Act, the expression by a person of the
opinion or belief that marriage is the union of one man with one
woman does not of itself amount to discrimination against or
harassment of another.””

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

Page 27, line 4, leave out paragraph 3

Page 27, line 10, leave out paragraph 4

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—

Page 35, line 13, leave out sub-paragraphs (2) and (3) and insert—

“( )   Omit sub-paragraph (1).”

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.”

Insert the following new Clause—

“Review of impact of same sex marriage

The Secretary of State must arrange—

(a)   for the operation and effects of this Act to be reviewed two years
and five years after this Act is passed;

(b)   for the report on the outcome of the first review to be produced and
published within thirty months of this Act being passed;

(c)   for the report on the outcome of the second review to be produced
and published within five years and six months of this Act being
passed; and

(d)   for both reviews to be conducted by a Lord Justice of Appeal taking
appropriate evidence with particular regard to the impact of this
Act on civil liberties and the rates of—

(i)   opposite sex marriage, and

(ii)   same sex marriage.”

Insert the following new Clause—

“Referendum provisions

(1)   A referendum is to be held in England and Wales on the issue of same sex
marriage.

(2)   The referendum is to be held on 7 May 2015.

(3)   If the Secretary of State is satisfied that it is impossible or impracticable for
the referendum to be held on 7 May 2015, or that it cannot be conducted
properly if held on that day, the Secretary of State may by order appoint a
later day as the day on which the referendum is to be held.

(4)   Any day appointed by order under subsection (3) must be before 1 June
2016.

(5)   Where a day is appointed under subsection (4), the Secretary of State may
by order make supplemental or consequential provision.

(6)   The Secretary of State must by order make provisions for the conduct of the
referendum.

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

(8)   The question that is to appear on the ballot papers is—

“At present, the law in England and Wales defines marriage as the union of
a man and a woman. Should the law be changed to define marriage as the
union of two people—whether a man and a woman, or woman and a
woman, or a man and a man?”.

(9)   Those entitled to vote in the referendum are the persons who, on the date
of the referendum, would be entitled to vote as electors at a parliamentary
election in any constituency.”

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.”.”

Page 54, line 31, at end insert—

“Public Order Act 1986 (c. 64)

26A   (1)  The Public Order Act 1986 is amended as follows.

(2)   For section 29JA substitute—

“29JA           Protection of freedom of expression (sexual orientation)

In this Part, for the avoidance of doubt, the discussion or criticism
of sexual conduct or practices or the urging of persons to refrain
from or modify such conduct or practices or the expression by a
person of the opinion or belief that marriage is the union of one
man with one woman shall not be taken of itself to be threatening
or intended to stir up hatred.””

Page 55, line 11, at end insert—

“32A          For paragraph 13(2) of Schedule 27 to the Civil Partnership Act 2004
substitute—

“( )   In subsection (1), for the words from “solemnized” to “shall”,
substitute “a man and any other of the persons mentioned in
the first column of Part I of the First Schedule to this Act, or
between a woman and any other of the persons mentioned in
the second column of the said Part II,”.””

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);”

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

Leave out Clause 19 and insert the following new Clause—

“Short title and commencement

(1)   This Act may be cited as the Marriage (Same Sex Couples) Act 2013.

(2)   This section, section 14 and section (Referendum provisions) come into force
on the day on which this Act is passed.

(3)   Subject to subsections (2) and (4), this Act comes into force on such day as
the Secretary of State may by order appoint; and different days may be
appointed for different purposes.

(4)   The Secretary of State may not bring any part of this Act into force unless
the referendum provided for at section (Referendum provisions) delivers an
affirmative outcome.

(5)   For the purposes of subsection (4), an affirmative outcome shall be where a
majority of votes cast in the referendum support the proposition contained
in the referendum question.”