Marriage (Same Sex Couples) Bill

Page 36, line 20, leave out sub-paragraphs (2) and (3) and insert—

“( )   Omit sub-paragraph (1).”

Insert the following new Clause—

“Legislative definitions

(1)   For the purposes of legislation regulating or relating to marriage—

(a)   there shall no difference or distinction be made between lawful
marriage of same sex couples and lawful marriage between a man
and a woman, save as provided for in this Act or as required to give
effect to any difference or distinction which is made necessary by
reason of physiological or biological differences of gender or
consequences thereof;

(b)   where it is necessary to make legislative provision regulating or
relating to marriages between same sex couples but not marriages
between a man or a woman, or marriages between a man and a
woman but not marriages between same sex couples, lawful
marriage between same sex couples may be defined as same sex
marriage, lawful marriages between same sex couples may be
defined as same sex marriages, lawful marriage between a man and
a woman may be defined as opposite sex marriage and lawful
marriages between a man and a woman may be defined as opposite
sex marriages;

(c)   all legislation regulating or relating to marriage having effect before
the passage of this Act continues in effect in relation to opposite sex
marriages save as varied or modified by any provision of this Act;

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

Page 40, line 10, after “with” insert “this Part of”

Page 40, line 21, leave out from “declaration” to end and insert “by the applicant’s
spouse that the spouse consents to the marriage continuing after the issue of a full
gender recognition certificate (“a statutory declaration of consent”)”

Page 46, line 7, leave out from “consent”” to end of line 13 and insert “has the
meaning given by section 3(6B)(a),””

Page 46, line 13, at end insert—

“PART 2

ALTERNATIVE GROUNDS FOR GRANTING APPLICATIONS FOR GENDER RECOGNITION CERTIFICATES

Introduction

15 The Gender Recognition Act 2004 is amended in accordance with this
Part of this Schedule.

Alternative grounds for granting applications

16 Section 2 (determination of applications): after subsection (3) insert—

“(3A)    This section does not apply to an application under section
1(1)(a) which states that it is an application for a certificate to be
granted in accordance with section 3A.”

17 After section 3 insert—

“3A Alternative grounds for granting applications

(1)   This section applies to an application under section 1(1)(a) which
states that it is an application for a certificate to be granted in
accordance with this section.

(2)   The Panel must grant the application if satisfied that the
applicant complies with the requirements imposed by and under
section 3B and meets the conditions in subsections (3) to (6).

(3)   The first condition is that the applicant was a party to a protected
marriage or a protected civil partnership on or before the date the
application was made.

(4)   The second condition is that the applicant—

(a)   was living in the acquired gender six years before the
commencement of section 12 of the Marriage (Same Sex
Couples) Act 2013,

(b)   continued to live in the acquired gender until the date the
application was made, and

(c)   intends to continue to live in the acquired gender until
death.

(5)   The third condition is that the applicant—

(a)   has or has had gender dysphoria, or

(b)   has undergone surgical treatment for the purpose of
modifying sexual characteristics.

(6)   The fourth condition is that the applicant is ordinarily resident in
England, Wales or Scotland.

(7)   The Panel must reject the application if not required by
subsection (2) to grant it.”

Evidence for granting applications on alternative grounds

18 Section 3 (evidence): after subsection (8) insert—

“(9)   This section does not apply to an application under section
1(1)(a) which states that it is an application for a certificate to be
granted in accordance with section 3A.”

19 After section 3A (inserted by paragraph 17) insert—

“3B Evidence for granting applications on alternative grounds

(1)   This section applies to an application under section 1(1)(a) which
states that it is an application for a certificate to be granted in
accordance with section 3A.

(2)   The application must include either—

(a)   a report made by a registered medical practitioner, or

(b)   a report made by a registered psychologist practising in
the field of gender dysphoria.

(3)   If the application is based on the applicant having or having had
gender dysphoria—

(a)   the reference in subsection (2) to a registered medical
practitioner is to one practising in the field of gender
dysphoria, and

(b)   that subsection is not complied with unless the report
includes details of the diagnosis of the applicant’s gender
dysphoria.

(4)   Subsection (2) is not complied with in a case where—

(a)   the applicant has undergone or is undergoing treatment
for the purpose of modifying sexual characteristics, or

(b)   treatment for that purpose has been prescribed or
planned for the applicant,

unless the report required by that subsection includes details of
it.

(5)   The application must also include a statutory declaration by the
applicant that the applicant meets the conditions in section 3A(3)
and (4).

(6)   The application must include—

(a)   a statutory declaration as to whether or not the applicant
is married or a civil partner,

(b)   any other information or evidence required by an order
made by the Secretary of State, and

(c)   any other information or evidence which the Panel which
is to determine the application may require,

and may include any other information or evidence which the
applicant wishes to include.

(7)   If the applicant is married, the application must include a
statutory declaration as to whether the marriage is a marriage
under the law of England and Wales, of Scotland, of Northern
Ireland, or of a country or territory outside the United Kingdom.

(8)   If the applicant is married, and the marriage is a protected
marriage, the application must also include—

(a)   a statutory declaration of consent by the applicant’s
spouse (if the spouse has made such a declaration), or

(b)   a statutory declaration by the applicant that the
applicant’s spouse has not made a statutory declaration
of consent (if that is the case).

(9)   If the application includes a statutory declaration of consent by
the applicant’s spouse, the Panel must give the spouse notice that
the application has been made.

(10)   If the Panel which is to determine the application requires
information or evidence under subsection (6)(c) it must give
reasons for doing so.”.

Membership of Panels determining applications on alternative grounds

20 Schedule 1 (Gender Recognition Panels), paragraph 4: after sub-
paragraph (2) insert—

“(3)   But a Panel need not include a medical member when
determining an application under section 1(1)(a) for a
certificate to be granted in accordance with section 3A.”.”

Insert the following new Clause—

“Marriage according to the usages of belief organisations

(1)   The Secretary of State must arrange for a review of—

(a)   whether an order under subsection (4) should be made permitting
marriages according to the usages of belief organisations to be
solemnized on the authority of certificates of a superintendent
registrar, and

(b)   if so, what provision should be included in the order.

(2)   The arrangements made by the Secretary of State under subsection (1) must
provide for the review to include a full public consultation.

(3)   The Secretary of State must arrange for a report on the outcome of the
review to be produced and published before 1 January 2015.

(4)   The Secretary of State may by order make provision for and in connection
with permitting marriages according to the usages of belief organisations
to be solemnized on the authority of certificates of a superintendent
registrar.

(5)   An order under subsection (4) may—

(a)   amend any England and Wales legislation;

(b)   make provision for the charging of fees.

(6)   An order under subsection (4) must provide that no religious service may
be used at a marriage which is solemnized in pursuance of the order.

(7)   In this section “belief organisation” means an organisation whose principal
or sole purpose is the advancement of a system of non-religious beliefs
which relate to morality or ethics.”

Page 48, line 33, leave out sub-paragraph (2) and insert—

“(2)   An Order in Council may, in particular, make provision—

(a)   prohibiting the solemnization of such marriages according to
particular religious rites or usages; or

(b)   permitting the solemnization of such marriages according to
particular religious rites or usages.

“(2A)    Sub-paragraph (2)(b) is subject to sub-paragraphs (2B) and (2C).

(2B)   An Order in Council may not make provision allowing the
solemnization of forces marriages of same sex couples according to the
rites of the Church of England or Church in Wales.

(2C)   If an Order in Council makes provision allowing the solemnization of
forces marriages of same sex couples according to particular religious
rites or usages (other than those of the Church of England or Church in
Wales), the Order in Council must also make provision to secure that
such a marriage may not be solemnized according to those rites or
usages unless the relevant governing authority has given written
consent to marriages of same sex couples.

(2D)   The person or persons who are the relevant governing body for that
purpose are to be determined in accordance with provision made by an
Order in Council under this Part of this Schedule.”

Page 48, line 41, at end insert—

“(4)   If section 8 applies, the Lord Chancellor may, by order, make such
relevant amending provision as the Lord Chancellor considers
appropriate to allow for the solemnization of forces marriages of same
sex couples according to the rites of the Church in Wales.

(5)   For that purpose “relevant amending provision” means—

(a)   provision amending sub-paragraphs (2B) and (2C) by omitting
the words “or Church in Wales”;

(b)   provision amending any Order in Council made under this Part
of this Schedule;

(c)   provision amending any other UK legislation (including
legislation contained in this Part of this Schedule).

(6)   In making an order under sub-paragraph (4), the Lord Chancellor must
have regard to the terms of the resolution of the Governing Body of the
Church in Wales referred to in section 8(1).”

Page 50, line 8, leave out sub-paragraph (3)

Page 13, line 13, 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—

(a)   the case for extending such eligibility to—

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

(ii)   family members who share a house,

provided that they have cohabitated for 5 years or more and are over the
age of eighteen, and

(b)   the case for creating a new legal status that would confer all the
benefits of civil partnerships upon those mentioned in
paragraph (a) without amending the criteria for eligibility for civil
partnership.”

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 (1B) insert—

“(1BA)   Nothing in subsection (1B) prevents teaching the tenets of the
relevant religion or religious denomination concerning marriage
and its importance for family life and the bringing up of children to
registered pupils at schools which have a religious character.”

(3)   After subsection (2) insert—

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

(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 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.”

Insert the following new Clause—

“Education: duty of the Secretary of State to provide information

The Secretary of State must provide evidence-based information to
teachers on the implications of the measures in this Act for the raising of
children and the promotion of family life.”

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 24 October 2013.

(3)   If the Secretary of State is satisfied that it is impossible or impracticable for
the referendum to be held on 24 October 2013, or that it cannot be
conducted properly if held on that day, the Secretary of State may be 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
November 2014.

(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—

(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 52, line 5, leave out “of same sex couples” and insert “(same sex couples)”

Page 52, line 27, leave out “” and insert “”

Page 52, line 30, leave out “of a man and woman” and insert “(opposite sex
couple)”

Page 53, line 28, leave out from first “marriage” to end of line 29 and insert
“(opposite sex couple)), or section 43B (in the case of the marriage (same sex
couple))”

Page 53, line 38, leave out “the marriage of a man and a woman” and insert “a
marriage (opposite sex couple)”

Page 53, line 40, leave out “the marriage of a same sex couple” and insert “a
marriage (same sex couple)”

Page 54, line 2, leave out “of a same sex couple” and insert “(same sex couple)”

Page 54, line 5, leave out “of a same sex couple” and insert “(same sex couple)”

Page 54, line 34, leave out “of a same sex couple” and insert “(same sex couple)”

Page 55, line 32, at end insert—

“(ab)   after the definition of “ecclesiastical district” insert—

““England and Wales legislation” has the same
meaning as in the Marriage (Same Sex Couples)
Act 2013;”.”

Page 58, line 18, at end insert—

“43A          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 58, line 18, at end insert—

“43A          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 13, line 32, leave out “or Registrar General”

Page 14, line 1, after “made” insert “by the Secretary of State or Lord Chancellor”

Page 14, line 4, at end insert—

“(aa)   the first regulations under section 9(1);

(ab)   the first regulations under section 9(2);”

Page 14, line 4, at end insert—

“( )   an order under section (Marriage according to the usages of belief
organisations);”

[Withdrawn]

Page 14, line 6, leave out from “2” to end of line 7

Page 14, line 7, at end insert—

“(d)   an order under paragraph 2 of Schedule 2;

(e)   an order under paragraph 27 of Schedule 4.”

Page 14, line 7, at end insert—

“(f)   an order under paragraph 9(4) of Schedule 6.”

Page 14, line 8, after “legislation” insert “made by the Secretary of State or Lord
Chancellor”

Page 14, line 9, at end insert—

“(za)   regulations under section 9(1) (except for the first such regulations);

(zb)   regulations under section 9(2) (except for the first such
regulations);”

Page 14, line 12, leave out paragraphs (b) to (d)

[Withdrawn]

[Withdrawn]

[Withdrawn]

[Withdrawn]

Page 14, line 19, at end insert—

“(4A)    The provision that may be made by the Secretary of State or Lord
Chancellor in any order or regulations under this Act includes provision
enabling the Registrar General to make regulations by statutory instrument
(with or without the consent of a minister of the Crown).

(4B)   But the Secretary of State or Lord Chancellor may not make such provision
unless that minister is satisfied that the provision is necessary in connection
with administrative matters relating to functions of the Registrar General
or functions of superintendent registrars or registrars.

(4C)   Regulations made by the Registrar General under any power conferred by
an enabling instrument are subject to annulment in pursuance of a
resolution of either House of Parliament.

(4D)   But that is subject to any provision in the enabling instrument about the
kind of Parliamentary scrutiny, if any, to which the regulations are to be
subject.

(4E)   In subsections (4C) and (4D) “enabling instrument” means an order or
regulations made under this Act by the Secretary of State or Lord
Chancellor containing provision of the kind mentioned in subsection (4A).”

[Withdrawn]

Page 15, line 27, at end insert—

““superintendent registrar” means a superintendent registrar of
births, deaths and marriages.”

Page 15, line 34, leave out “section” and insert “sections (Marriage according to the
usages of belief organisations) and”

Page 15, line 38, leave out “section” and insert “sections (Marriage according to the
usages of belief organisations) and”

Page 15, line 38, at end insert “and paragraphs 4, 5, 10 and 11 of Schedule 6”

Page 15, line 40, leave out from “(3)” to end and insert “do not apply to an
amendment or repeal or revocation made by this Act”

Page 15, line 42, at end insert—

“(5A)    Subsection (5) is subject to subsections (6) to (8).”

Page 16, line 1, leave out “But”

Page 16, line 5, at end insert—

“(7)   The repeal of the Foreign Marriage Act 1892 made by section 13(2) does not
extend to Northern Ireland.”

Page 16, line 5, at end insert—

“(8)   Any amendment made by Part 2 of Schedule 5 does not extend to Northern
Ireland.”

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 be 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.”

Line 4, leave out first “and” and insert “for permitting marriages according to the
usages of belief organisations to be solemnized on the authority of certificates of a
superintendent registrar,”

Line 4, after “partnership” insert “and arrangements for family members and
relationships of care in cases of long-term house-sharing”