A
BILL
TO
Make provision for the marriage of same sex couples in England and Wales,
about gender change by married persons and civil partners, about consular
functions in relation to marriage, for the marriage of armed forces personnel
overseas, and for the review of civil partnership, and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(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.
Marriage (Same Sex Couples) BillPage 2
(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.
(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.
| Activity | Enactment |
|---|---|
| Giving consent | —Any of these provisions of the 1949 Act: (a)
section 26A(3); (b)
25section 26B(2), (4) or (6); (c)
section 44A(6); (d)
section 46(1C) 1949 Act (as mentioned in section 70A(6)(c) of that Act) relating to an 30application for registration —Section 1(3) of the Marriage (Registrar General’s Licence) Act 1970 —An armed forces overseas marriage Order in its application to marriages of 35same sex couples (as mentioned in paragraph 9(2)(b) of Schedule 6) |
| Applying for the registration of a building |
Section 43A of the 1949 Act |
Marriage (Same Sex Couples) BillPage 3
| Activity | Enactment |
|---|---|
| Authorising a person to be present at the solemnization of marriages of same sex couples in a building registered under section 43A of the 1949 Act |
Section 43B of the 1949 Act 5 |
| Being authorised to be present at the solemnization of marriages of same sex couples in a building registered under section 43A of the 1949 Act |
Section 43B of the 1949 Act 10 |
| Giving a certificate, giving a copy of a consent, or certifying any matter |
Any of these provisions of the 1949 Act: (a)
section 43A(3); (b)
section 43B(2); (c)
15section 44A(7) |
(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”—
includes a religious organisation;
does not include a registrar, a superintendent registrar or the
25Registrar General;
“relevant marriage” means—
a marriage of a same sex couple solemnized in accordance
with—
section 26A or 26B of the 1949 Act (marriage in a place of
30worship or in another place according to religious rites
or usages),
Part 5 of the 1949 Act (marriage in a naval, military or air
force chapel),
section 1 of the Marriage (Registrar General’s Licence)
35Act 1970 (deathbed marriage), where the marriage is
according to religious rites or usages, or
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
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 section 110 of the Equality Act 2010 (liability of employees and agents), after
subsection (5) insert—
“(5A) A does not contravene this section if A—
Marriage (Same Sex Couples) BillPage 4
(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,
5for the reason that the marriage is the marriage of a same sex couple.
(5B)
Subsection (5A) applies to A only if A is within the meaning of “person”
for the purposes of section 2 of the Marriage (Same Sex Couples) Act
2013; and other expressions used in subsection (5A) and section 2 of
that Act have the same meanings in that subsection as in that section.”.
(6)
10In Schedule 3 to the Equality Act 2010 (services and public functions:
exceptions), after Part 6 insert—
(1) 15A 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,
20for 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.”.
In Part 3 of the Marriage Act 1949, for section 26 substitute—
(1)
The following marriages may be solemnized on the authority of two
30certificates 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
35registrar;
(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
40religion according to the usages of the Jews;
(dd) a qualifying residential marriage;
Marriage (Same Sex Couples) BillPage 5
(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) In this section “qualifying residential marriage” means—
(a)
5the 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,
or
(b)
10the 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.”.
(1) After section 26 of the Marriage Act 1949 insert—
(1)
A marriage of a same sex couple in an appropriately registered
building according to such form and ceremony as the persons to be
20married see fit to adopt may be solemnized on the authority of two
certificates of a superintendent registrar.
(2)
For 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
25be made unless the relevant governing authority has given written
consent to marriages of same sex couples.
(4) For that purpose, in relation to a building—
“relevant governing authority” means the person or persons
recognised by the members of the relevant religious
30organisation as competent for the purpose of giving consent for
the purposes of this section;
“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
35marriages solemnized according to the rites of the Church of England.
(6)
This section is subject (in particular) to sections 44A to 44C (registration
of 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.
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After section 26A of the Marriage Act 1949 insert—
(1)
A marriage may, in any of the following cases, be solemnized on the
5authority 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
the Society of Friends (commonly called Quakers), and
(b)
the relevant governing authority has given written consent to
10such 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) Case B is where—
(a)
the marriage is of a same sex couple professing the Jewish
15religion 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) For that purpose—
“relevant governing authority” means the person or persons
20designated by the relevant secretary of a synagogue as
competent for the purpose of giving consent for the purpose of
this section;
“relevant secretary of a synagogue” means the secretary of a
synagogue by whom the marriage would be registered in
25accordance 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
or 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)
30the 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
marriages of same sex couples according to those religious rites
or usages.
(7) 35For that purpose—
“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;
40“relevant religious organisation” means the religious organisation
according to whose rites or usages the marriage is to be
solemnized.
(8)
Subsection (6) does not authorise a marriage that may be solemnized
under subsection (2) or (4).”.
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(1) Part 5 of the Marriage Act 1949 is amended as follows.
(2)
Section 68 (solemnization of marriages in naval, military and air force chapels):
5after 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)
Section 70 (registration of chapels for marriages otherwise than according to
10rites 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—
(1)
15The Secretary of State may apply to the Registrar General for a chapel
to 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
20section 70.
(3)
Where 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
25the Secretary of State.
(5)
The 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) 30The regulations may, in particular, make provision—
(a)
as 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
35an application for registration or an application for cancellation
of 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
40State considers appropriate to secure that the giving of such a
consent is an opt-in activity under that section).
Marriage (Same Sex Couples) BillPage 8
(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
5reference to the cancellation, under section 70(2) (as applied by this
section), of a registration under this section.”.
In section 1 of the Marriage (Registrar General’s Licence) Act 1970 (marriages
10which 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
15couples according to those religious rites or usages.
(4) For that purpose—
“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
20the purposes of this section;
“relevant religious organisation” means the religious organisation
according to whose rites or usages the marriage is to be
solemnized.”.
(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
be changed to allow for the marriage of same sex couples according to the rites
of the Church in Wales.
(2)
30The Lord Chancellor must, 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)
The provision that may be made by an order under this section includes
provision amending England and Wales legislation.
(4)
35In 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) If it appears to the Lord Chancellor—
(a)
that a reference in this section to the Governing Body has ceased to be
40appropriate 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
Marriage (Same Sex Couples) BillPage 9
(b)
that 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
5Chancellor which may not be transferred under the Ministers of the Crown Act
1975), in paragraph 4, at the end of Part A insert—
“Section 8”.
(1)
10The parties to an England and Wales civil partnership may convert their civil
partnership into a marriage under a procedure established by regulations
made 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
15made by the Secretary of State.
(3) A civil partnership is within this subsection if—
(a)
it 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)
20the 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
England 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
25application to convert their civil partnership into a marriage;
(b)
provision about the information to be provided in support of an
application to convert;
(c)
provision about the making of declarations in support of an application
to convert;
(d)
30provision for persons who have made an application to convert to
appear before any person or attend at any place;
(e)
in 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
35than the Secretary of State);
(f)
in the case of regulations under subsection (2), provision conferring
functions in connection with applications to convert on relevant
officials, relevant armed forces personnel, the Secretary of State, or any
other persons;
(g)
40provision for fees, of such amounts as are specified in or determined in
accordance with the regulations, to be payable in respect of—
(i) the making of an application to convert;
(ii)
the exercise of any function conferred by virtue of paragraph (e)
or (f).