Marriage (Same Sex Couples) Bill

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.”

Page 40, line 6, after “full” insert “or interim”

Page 40, line 16, leave out “either of”

Page 40, line 39, at end insert—

“(3A)    Case C is where, on application by the person, the Panel is
satisfied that—

(a)   an interim gender recognition certificate has been issued
to the person;

(b)   the person was a party to a protected marriage at the time
when the interim gender recognition certificate was
issued;

(c)   the person is a party to a protected marriage; and

(d)   a period of either—

(i)   six months beginning with the day on which that
certificate was issued has elapsed and annulment
proceedings have not been initiated in relation to
the protected marriage, or

(ii)   twelve months beginning with the day on which
that certificate was issued has elapsed and no
decree nisi has been issued in relation to the
protected marriage.

(3B)   Case D is where, on application by the person, the Panel is
satisfied that—

(a)   an interim gender recognition certificate has been issued
to the person;

(b)   a period of six months beginning with the day on which
that certificate was issued has elapsed;

(c)   a conversion application has been made;

(d)   the conversion application has resulted in the civil
partnership being converted into a marriage; and

(e)   the person is a party to that marriage.”

Page 40, line 40, leave out “or (3)” and insert “, (3), (3A) or (3B)”

Page 41, line 1, after “(2)” insert “or (3A)”

Page 41, line 4, after “(3)” insert “or (3B)”

Page 41, line 9, after “(3)” insert “or (3B)”

Page 12, line 6, at end insert—

“(1A)    The review under subsection (1) must deal with the case for amending the
criteria in the Civil Partnership Act 2004 which define the eligibility of
people to register as civil partners.

(1B)   The review must in particular consider the case for extending such
eligibility to—

(a)   unpaid carers and those they care for, and

(b)   family members who share a house, who have cohabited for 5 years
or more and are over the age of eighteen.”

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.””

Insert the following new Clause—

“Financial benefit

A marriage between a same sex couple as provided by this Act does not
confer any financial benefit or change in tax liability above that conferred
upon blood relative partnerships.”

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.”

Insert the following new Clause—

“The European Convention on Human Rights

In the event that the provisions of this Act are found by the European Court
of Human Rights to be incompatible with the Convention for the Protection
of Human Rights and Fundamental Freedoms, the Secretary of State shall
act to withdraw the United Kingdom’s signature to the Convention.”

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 22, 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 56, line 6, at end insert—

“39A          Section 149 (public sector equality duty): after subsection (9), insert—

“(10)   Compliance with the duties in this section requires ensuring that
a belief regarding the definition of marriage as being between a
man and a woman is respected and that no person should suffer
any detriment in respect of the holding or the reasonable
expression of such a belief.”.”

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.”