Marriage (Same Sex Couples) Bill

marshalled
list of Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 1st July 2013, as follows—

Clauses 1 to 4
Schedule 1
Clauses 5 to 10
Schedule 2
Clause 11
Schedules 3 and 4
Clause 12
Schedule 5
Clause 13
Schedule 6
Clauses 14 and 15
Schedule 7
Clauses 16 to 19

[Amendments marked * are new or have been altered]

Clause 1

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

LORD DEAR

LORD CORMACK

1

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

( )   Marriage between opposite sex couples shall be referred to as “marriage
(opposite sex couples)”.”

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

LORD CORMACK

2

Page 1, line 6, leave out “The marriage of a same sex couple” and insert “A
marriage (same sex couple)”

BARONESS CUMBERLEGE

BARONESS BUTLER-SLOSS

LORD MACKAY OF CLASHFERN

BARONESS WILLIAMS OF CROSBY

3*

Page 2, line 7, at end insert—

“(6)   Any duty of persons employed as registrars of marriages on the date this
Act comes into force (“relevant registrar”) to solemnize marriages is not
extended by this Act to marriages of same sex couples if the relevant
registrar has a conscientious objection to doing so.

(7)   Nothing in subsection (6) shall affect the duty of a relevant registrar to carry
out any other duties and responsibilities of his employment.

(8)   The conscientious objection, under subsection (6), must be based on a
sincerely held religious or other belief concerning only the marriage of
same sex couples and in any legal proceedings the burden of proof of
conscientious objection shall rest on the person claiming to rely on it.”

After Clause 1

LORD DEAR

4*

Insert the following new Clause—

“Belief in traditional marriage

Nothing in this Act shall contradict the principle that a belief that marriage
4is the voluntary union of one man and one woman for life to the exclusion
5of all others is a belief worthy of respect in a democratic society.”

LORD CORMACK

[Amendments 5 and 6 are amendments to Amendment 4]

5*


Line 4, leave out “for life to the exclusion of all others”

6*


Line 5, leave out “in a democratic society”

BARONESS MEACHER

LORD GAREL-JONES

BARONESS BRINTON

LORD ALLI

7*

Insert the following new Clause—

“Regulations

(1)   The Secretary of State may by regulations make provision for the Registrar
General to approve and permit organisations that are registered charities
principally concerned with advancing or practising a non-religious belief
to solemnise marriages according to their usages on the authority of a
superintendent registrar’s certificate, and for related purposes.

(2)   The regulations shall specify that such marriages may not take place in
register offices, but may in particular—

(a)   define minimum requirements any such organisation must meet
before it may be considered for such approval;

(b)   define the procedures for the appointment of registering officers by
such organisations, for the issue and custody of marriage register
books, for the solemnisation and registering of marriages, and for
related matters, and in these matters the regulations shall follow
where convenient the several precedents to be found in the
Marriage Act 1949;

(c)   create criminal offences of a kind similar to, and with the same
maximum penalties as, offences under Part IV of the Marriage Act
1949;

(d)   include incidental or consequential provisions (which may include
provisions amending an enactment);

(e)   include transitional provision.

(3)   The regulations under subsection (2)(a) must include provisions
concerning whether an organisation—

(a)   is a registered charity principally concerned with advancing or
practising a non-religious belief;

(b)   has been in continuous existence for at least 10 years;

(c)   has been performing celebrations of marriage and other ceremonies
for its members for at least five years, such ceremonies being rooted
in its belief system;

(d)   has in place written procedures for the selection, training and
accreditation of persons to conduct solemnisations of marriages;
and

(e)   appears to the Registrar General to be of good repute.

(4)   The regulations shall extend to England and Wales.

(5)   The regulations—

(a)   shall be made by statutory instrument, and

(b)   may not be made unless a draft has been laid before and approved
by resolution of each House of Parliament.

(6)   The Secretary of State must lay these regulations before Parliament within
six months of this Act coming into force.”

LORD DEAR

8*

Insert the following new Clause—

“Optional marriage declaration

(1)   Nothing in this Act takes away the right of a man and a woman to opt to
make a declaration that they are entering into 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 within a
place of worship or in another place according to religious rites or
usages, 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, to remain faithful to you as long as we
both shall live.”.”

Clause 2

BARONESS STOWELL OF BEESTON

9

Page 2, line 10, after “compelled” insert “by any means (including by the
enforcement of a contract or a statutory or other legal requirement)”

10

Page 2, line 13, after “compelled” insert “by any means (including by the
enforcement of a contract or a statutory or other legal requirement)”

BARONESS CUMBERLEGE

LORD MACKAY OF CLASHFERN

BARONESS BUTLER-SLOSS

BARONESS WILLIAMS OF CROSBY

11*

Page 3, line 23, leave out “a registrar,”

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

LORD CORMACK

12

Page 3, line 26, leave out “of a same sex couple” and insert “(same sex couple)”

13

Page 3, line 42, leave out “of same sex couple” and insert “(same sex couple)”

14

Page 4, line 7, leave out “the marriage of a same sex couple” and insert “a marriage
(same sex couple)”

BARONESS BERRIDGE

15*

Page 4, line 7, at end insert—

“(5AA)   A does not contravene this section if A—

(a)   does not undertake an opt-in activity, or

(b)   undertakes an opt-out activity.”

16*

Page 4, line 8, leave out “(5A) applies” and insert “(5A) and (5AA) apply”

17*

Page 4, line 10, after “(5A)” insert “and (5AA)”

BARONESS O’LOAN

BARONESS BUTLER-SLOSS

18*

Page 4, line 11, at end insert—

“( )   For the purposes of section 149 of the Equality Act 2010, no regard may be
had by any public authority to the expression by a person of the opinion or
belief that marriage is the union of one man with one woman.”

BARONESS O’LOAN

BARONESS BERRIDGE

BARONESS BUTLER-SLOSS

19*

Page 4, line 11, 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.”

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

LORD CORMACK

20

Page 4, line 22, leave out “the marriage of a same sex couple” and insert “a marriage
(same sex couple)”

BARONESS BERRIDGE

21*

Page 4, line 22, at end insert—

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

(a)   does not undertake an opt-in activity, or

(b)   undertakes an opt-out activity.”

BARONESS O’LOAN

LORD BRENNAN

22*

Page 4, line 25, at end insert—

“(7)   For the avoidance of doubt, in this section 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.”

23*

Page 4, line 25, at end insert—

“(7)   For the purposes 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, carry out,
participate in, or consent to the taking place of, relevant marriages.”

Clause 3

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

LORD CORMACK

24

Page 4, line 29, leave from “” to “” and insert “”

Marriage for (same sex couples);
marriage (opposite sex couples)
25

Page 4, line 33, leave out “of a man and a woman” and insert “(opposite sex
couple)”

26

Page 4, line 39, leave out “of a man and a woman” and insert “(opposite sex
couple)”

27

Page 5, line 1, leave out “between a man and a woman” and insert “(opposite sex
couple)”

28

Page 5, line 4, leave out “of a man and a woman” and insert “(opposite sex couple)”

29

Page 5, line 8, leave out “of a man and a woman” and insert “(opposite sex couple)”

30

Page 5, line 13, leave out “of a same sex couple” and insert “(same sex couple)”

Clause 4

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

LORD CORMACK

31

Page 5, line 20, leave out “” and insert “()”

of same sex couples same sex couples
32

Page 5, line 21, leave out “of a same sex couple” and insert “(same sex couple)”

33

Page 5, line 40, leave out “of same sex couples” and insert “(same sex couples)”

Schedule 1

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

LORD CORMACK

34

Page 17, line 6, leave out “” and insert “”

marriage of same sex couples marriages
(same sex couples)
35

Page 18, line 39, leave out “marriage of a same sex couple” and insert “a marriage
(same sex couple)”

36

Page 19, line 8, leave out “marriage of same sex couples” and insert “marriages
(same sex couples)”

BARONESS STOWELL OF BEESTON

37

Page 19, line 11, leave out from beginning to end of line 32 and insert—

“(1)   The Secretary of State may by statutory instrument make
regulations about the procedures to be followed and the fees
payable—

(a)   on registration applications;

(b)   in relation to section 43B authorisations;

(c)   on cancellation applications.

(2)   The Secretary of State may by statutory instrument make—

(a)   regulations modifying the application of section 41 or 43
in relation to buildings that are already registered under
section 43A;

(b)   regulations about cases where a person makes
applications under sections 41 and 43A, or gives or
certifies authorisations under sections 43 and 43B, in
respect of the same building at the same time (including
provision modifying any requirement imposed by any of
those sections or by regulations under subsection (1) of
this section).

(3)   A statutory instrument containing regulations made under this
section is subject to annulment in pursuance of a resolution of
either House of Parliament.

(4)   In this section—

“cancellation application” means an application under
section 43C for the cancellation of the registration of a
building;

“registration application” means an application under
section 43A for the registration of a building;

“section 43B authorisation” means the authorisation of a
person under section 43B to be present at the
solemnization of marriages in a building registered under
section 43A.”

LORD CURRY OF KIRKHARLE

38*

Page 19, line 11, leave out “Registrar General, with the approval of the”

39*

Page 19, line 32, at end insert—

“(3)   A statutory instrument containing regulations under this
section—

(a)   may not be made unless a draft of the instrument has
been laid before, and approved by resolution of, each
House of Parliament, in relation to a first exercise of a
power, but

(b)   is subject to annulment in pursuance of a resolution of
either House of Parliament in relation to any subsequent
exercise of a power.”

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

40

Page 19, line 34, leave out “” and insert “”

marriage of same sex couples marriages (same
sex couples)

BARONESS STOWELL OF BEESTON

41

Page 21, line 14, leave out from “” to end of line 24 and insert “

shared places of
worship: registration and cancellation

(1)   The Secretary of State may by statutory instrument make
regulations about—

(a)   registration applications relating to other shared places of
worship;

(b)   cancellation applications relating to other shared places
of worship;

(c)   the sharing churches’ use of other shared places of
worship (in cases where those places are registered under
section 43A) for the solemnization of marriages of same
sex couples.

(2)   The provision that may be made under subsection (1)(a) or (b)
includes provision about the procedures to be followed on
registration applications or cancellation applications.

(3)   In this section “other shared place of worship” means a shared
building—

(a)   which has been certified as required by law as a place of
religious worship, but

(b)   to which sections 44A and 44B do not apply because the
building is neither—

(i)   subject to a sharing agreement, nor

(ii)   used as mentioned in section 6(4) of the 1969 Act.”

Clause 5

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

42

Page 6, line 3, leave out “” and insert “”

of same sex couples (same sex couples)

Clause 6

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

43

Page 8, line 11, leave out “the marriage of same sex couples” and insert “marriages
(same sex couples)”

44

Page 8, line 16, leave out “the marriage of same sex couples” and insert “marriages
(same sex couples)”

Clause 7

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

45

Page 9, line 17, leave out “of a same sex couple” and insert “(same sex couple)”

After Clause 7

LORD DEAR

46

Insert the following new Clause—

“Protection of teachers


3

(1)   For the avoidance of doubt, nothing under or in consequence of this Act
shall—

(a)   affect the right of teachers to express their personal views about
marriage in an appropriate way, or

(b)   mean that any teacher will be under any obligation to endorse a
8particular view of marriage.

(2)   Subsection (1) does not apply to a school designated as having a religious
character by an order made by the Secretary of State under section 69(3) of
the School Standards and Framework Act 1998.”

LORD CORMACK

[Amendments 47 and 48 are amendments to Amendment 46]

47*


Line 3, leave out “For the avoidance of doubt”

48*


Line 8, at end insert—

“(c)   imply that an applicant’s view of marriage shall be taken into
account by any interviewing panel”

LORD ANDERSON OF SWANSEA

49*

Insert the following new Clause—

“Employment protection

(1)   After section 47F of the Employment Rights Act 1996 insert—

“47G          Beliefs about the definition of marriage

(1)   An employee has the right not to be subjected to any detriment by
any act, or any deliberate failure to act, by his employer on the
ground that the employee believes or expresses a belief that
marriage should only take place between a man and a woman,
provided that belief is expressed in a reasonable manner.

(2)   This section is without prejudice to any rights which an employer
may have under Schedule 9 to the Equality Act 2010.”

(2)   In section 48 of the Employment Rights Act 1996, at the end of subsection
(1) insert “or 47G”.””

LORD DEAR

50*

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.””

Clause 8

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

51

Page 9, line 33, leave out “of same sex couples” and insert “(same sex couples)”

52

Page 9, line 36, leave out “the marriage of same sex couples” and insert “marriages
(same sex couples)”

After Clause 8

LORD ANDERSON OF SWANSEA

53*

Insert the following new Clause—

“Reasonable accommodation

(1)   An employer has a duty to take such steps as are reasonably practical to
accommodate an employee who has a conscientious belief that marriage is
the union of one man to one woman for life to the exclusion of all others.

(2)   The duty in subsection (1) applies where an employee would otherwise be
required to act in a way which is contrary to their conscientious belief about
marriage.

(3)   For the purposes of subsection (1), an employee is as defined in section 230
of the Employment Rights Act 1996 but does not include a registrar, a
superintendent registrar, the Registrar General or any person holding or
exercising judicial office.

(4)   This section is without prejudice to any rights which an employer has
under Schedule 9 to the Equality Act 2010.”

Clause 9

BARONESS STOWELL OF BEESTON

LORD CURRY OF KIRKHARLE

54

Page 10, line 18, leave out “Registrar General” and insert “Secretary of State”

LORD ELTON

55*

Page 10, line 28, at end insert—

“(3A)    Regulations under subsections (1) and (2) shall in particular provide that
the conversion of a civil partnership to a marriage shall take place in a
registered building with open doors in the presence of two or more
witnesses and in the presence of either—

(a)   a registrar of the registration district in which the registered
building is situated, or

(b)   an authorised person whose name and address have been certified
in accordance with the regulations by the trustees or governing
body of that registered building or of some other registered
building in the same registration district.

(3B)   Where the conversion of a civil partnership to a marriage takes place in a
registered building each of the parties to the civil partnership shall, in some
part of the ceremony and in the presence of the witnesses and the registrar
or authorised person, make the following declaration—

(none)   “I do solemnly declare that I know not of any lawful impediment
why I, AB, may not be joined in matrimony to CD.”

and each of them shall say to the other—

(none)   “I call upon these persons here present to witness that I, AB, do take
thee, CD, to be my lawful wedded wife (or husband)”.

(3C)   As an alternative to the declaration set out in subsection (3B) the persons
contracting the marriage may make the requisite declaration either—

(a)   by saying “I declare that I know of no legal reason why I (name) may
not be joined in marriage to (name)”; or

(b)   by replying “I am” to the question put to them successively “Are
you (name) free lawfully to marry (name)?”;

and as an alternative to the words of contract set out in that subsection the
persons to be married may say to each other “I () take you ( thee)
() to be my wedded wife (husband)”.”

BARONESS STOWELL OF BEESTON

56

Page 10, line 38, leave out from beginning to “provision” in line 42

57

Page 11, line 4, leave out “(e) or”

58

Page 11, line 6, leave out “(e) or”

BARONESS STOWELL OF BEESTON

LORD CURRY OF KIRKHARLE

59

Page 11, line 12, leave out subsection (6)

Clause 10

LORD MACKAY OF CLASHFERN

60

Page 11, line 45, leave out “the marriage of a same sex couple” and insert “a
marriage (same sex couple)”

61

Page 12, line 4, leave out “of same sex couples” and insert “(same sex couples)”

62

Page 12, line 6, leave out “marriage of same sex couples” and insert “marriages
(same sex couples)”

Schedule 2

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

63

Page 23, line 8, leave out “of a same sex couple” and insert “(same sex couple)”

64

Page 23, line 19, leave out “marriage of same sex couples” and insert “marriages
(same sex couples)”

65

Page 23, line 20, leave out “marriage of same sex couples” and insert “marriages
(same sex couples)”

66

Page 23, line 27, leave out “of a same sex couple” and insert “(same sex couple)”

67

Page 24, line 22, leave out “of a same sex couple” and insert “(same sex couple)”

68

Page 24, line 44, leave out “the marriage of the same sex couple” and insert
“marriages (same sex couples)”

Clause 11

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

69

Page 12, line 10, leave out from “marriage” to end of line 11 and insert “(same sex
couples) has the same effect as marriage (opposite sex couples)”

BARONESS STOWELL OF BEESTON

70*

Page 12, line 15, at end insert—

“(4A)    For provision about limitations on the effects of subsections (1) and (2) and
Schedule 3, see Part 7 of Schedule 4.”

LORD ARMSTRONG OF ILMINSTER

LORD MACKAY OF CLASHFERN

BARONESS WILLIAMS OF CROSBY

71*

Page 12, line 23, at end insert—

“(d)   an order-under section 12(4)”

Schedule 3

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

72

Page 25, line 30, leave out “marriage of a same sex couple” and insert “marriages
(same sex couples)”

73

Page 26, line 39, leave out “marriage of same sex couples” and insert “marriages
(same sex couples)”

74

Page 26, line 42, leave out “marriage of a same sex couple” and insert “marriage
(same sex couple)”

Schedule 4

BARONESS BUTLER-SLOSS

75*

Page 28, line 6, leave out sub-paragraph (2) and insert—

“(2)   In subsection (2)(a) after “that the respondent has committed adultery”
insert “or a sexual act with a person of the same sex similar to adultery”.”

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

76

Page 28, line 14, leave out “the marriage of a same sex couple” and insert “a
marriage (same sex couple)”

77

Page 28, line 23, leave out “of a man and a woman” and insert “(opposite sex
couple)”

78

Page 28, line 25, leave out “of same sex couples” and insert “(same sex couples)”

79

Page 28, line 28, leave out from first “of” to end of line 29 and insert “a marriage
(opposite sex couple) or a marriage (same sex couple)”

80

Page 29, line 3, leave out “OF SAME SEX COUPLES” and insert “(SAME SEX
COUPLES)”

81

Page 29, line 7, leave out “of a same sex couple” and insert “(same sex couple)”

82

Page 31, line 43, leave out from first “marriage” to end and insert “(opposite sex
couple) or a marriage (same sex couple)”

83

Page 34, line 18, leave out “of a same sex couple” and insert “(same sex couple)”

LORD ALLI

84

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

“( )   Omit sub-paragraph (1).”

Before Clause 12

LORD ARMSTRONG OF ILMINSTER

LORD MACKAY OF CLASHFERN

BARONESS WILLIAMS OF CROSBY

85*

Insert the following new Clause—

“Legislative definitions

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.”

Schedule 5

BARONESS STOWELL OF BEESTON

86

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

87*

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”)”

88*

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

89

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.”.”

After Clause 13

BARONESS STOWELL OF BEESTON

LORD LESTER OF HERNE HILL

BARONESS THORNTON

90*

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.”

Schedule 6

BARONESS STOWELL OF BEESTON

91

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.”

92

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).”

93

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

Clause 14

BARONESS DEECH

BARONESS O’CATHAIN

LORD LLOYD OF BERWICK

LORD CORMACK

94

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.”

After Clause 14

THE LORD BISHOP OF LEICESTER

95*

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.”

Before Clause 15

LORD SINGH OF WIMBLEDON

96*

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.”

Schedule 7

LORD MACKAY OF CLASHFERN

LORD ARMSTRONG OF ILMINSTER

97

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

98

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

of a man and a woman (opposite sex
couple)
99

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

100

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))”

101

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

102

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

103

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

104

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

105

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

BARONESS STOWELL OF BEESTON

106

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;”.”

LORD DEAR

107*

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.””

Clause 16

BARONESS STOWELL OF BEESTON

108

Page 13, line 32, leave out “or Registrar General”

109

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

110

Page 14, line 4, at end insert—

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

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

BARONESS STOWELL OF BEESTON

LORD LESTER OF HERNE HILL

BARONESS THORNTON

111*

Page 14, line 4, at end insert—

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

LORD CURRY OF KIRKHARLE

112*

Page 14, line 6, leave out paragraph (c)

BARONESS STOWELL OF BEESTON

113

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

114

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.”

115

Page 14, line 7, at end insert—

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

116

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

117

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);”

118

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

LORD CURRY OF KIRKHARLE

119*

Page 14, line 12, leave out paragraph (b)

120*

Page 14, line 14, leave out paragraph (c)

121*

Page 14, line 15, at end insert “(except for an order under paragraph 27(3))”

122*

Page 14, line 15, at end insert—

“( )   A statutory instrument containing regulations under section 9—

(a)   may not be made unless a draft of the instrument has been laid
before, and approved by resolution of, each House of Parliament, in
relation to a first exercise of a power, but

(b)   is subject to annulment in pursuance of a resolution of either House
of Parliament in relation to any subsequent exercise of a power.”

BARONESS STOWELL OF BEESTON

123

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).”

LORD CURRY OF KIRKHARLE

124*

Page 14, line 34, at end insert—

“(7)   Before the Secretary of State makes an order under—

(a)   paragraph 1 of Schedule 2,

(b)   paragraph 2 of Schedule 2, or

(c)   paragraph 27(3) of Schedule 4,

he must consult those persons whom he considers would be affected by the
proposed order, such consultation to run for twelve weeks.

(8)   If, following consultation under subsection (7), the Secretary of State
proposes to make an order under any of the provisions to which that
subsection applies he must lay before each House of Parliament—

(a)   a draft order,

(b)   a document which explains the order, and

(c)   a document providing a report on the consultation under
subsection (7) and any representations made in response to the
consultation.

(9)   If, after the expiry of a period of 60-days commencing with documents
being laid under subsection (8), the draft order is approved by a resolution
of each House of Parliament, the Secretary of State may make an order in
the terms of the draft order.

(10)   In calculating the period mentioned in subsection (9) no account is to be
taken of any time during which—

(a)   Parliament is dissolved or prorogued; or

(b)   either House is adjourned for more than four days.”

Clause 17

BARONESS STOWELL OF BEESTON

125

Page 15, line 27, at end insert—

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

Clause 18

BARONESS STOWELL OF BEESTON

LORD LESTER OF HERNE HILL

BARONESS THORNTON

126*

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

127*

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

BARONESS STOWELL OF BEESTON

128

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

129

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”

130

Page 15, line 42, at end insert—

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

131

Page 16, line 1, leave out “But”

132

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.”

133

Page 16, line 5, at end insert—

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

Clause 19

LORD SINGH OF WIMBLEDON

134*

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.”

In the Title

BARONESS STOWELL OF BEESTON

LORD LESTER OF HERNE HILL

BARONESS THORNTON

135*

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,”

BARONESS DEECH

BARONESS O’CATHAIN

LORD LLOYD OF BERWICK

136

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

Prepared 5th July 2013