Marriage (Same Sex Couples) Act 2013
The Marriage (Same Sex Couples) Act 2013 (c. 30) is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales.[1]
 | |
| Long title | An Act 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, for permitting marriages according to the usages of belief organisations to be solemnized on the authority of certificates of a superintendent registrar, for the review of civil partnership, for the review of survivor benefits under occupational pension schemes, and for connected purposes. |
|---|---|
| Citation | 2013 c. 30 |
| Introduced by | Maria Miller, Secretary of State for Culture, Media and Sport and Minister for Women and Equalities (Commons) Baroness Stowell of Beeston, Baroness-in-Waiting (Lords) |
| Territorial extent | Mainly England and Wales, but some sections apply to Northern Ireland and Scotland. (see Section 20(2) and 20(3)) |
| Dates | |
| Royal assent | 17 July 2013 |
| Commencement | Between 17 July 2013 and 10 December 2014 |
| Other legislation | |
| Amends | |
| Repeals/revokes | Foreign Marriage Act 1892 (in England, Wales and Scotland) |
| Amended by |
|
Status: Current legislation | |
| History of passage through Parliament | |
| Text of statute as originally enacted | |
Background
edit
Civil partnerships were introduced in the United Kingdom in 2004, allowing same-sex couples and couples of whom one spouse had changed gender to live in legally-recognised intimate partnerships similar to marriage. It also compelled opposite-sex couples to end their marriage if one or both spouses underwent gender change surgery, or if the couple was not recognised in law as having male and female gender.
Following the 2010 general election, in September 2011, Liberal Democrat Minister for Equalities Lynne Featherstone launched a consultation in March 2012 on how to introduce civil marriage for same sex couples in England and Wales.[2] The consultation closed in June 2012 and, in December 2012, the new Minister for Women and Equalities, Maria Miller, stated that the Government would be introducing legislation "within the lifetime of this Parliament" and that they were "working towards this happening within this Parliamentary Session".[3] The Marriage (Same Sex Couples) Bill was introduced into Parliament on 24 January 2013. The leaders of the three main political parties in the United Kingdom gave their members a free vote in Parliament on the legislation, meaning they would not be whipped to vote for or against it.[4]
The Bill was welcomed by many, including the gay rights campaigning group Stonewall.[5] The organisation Labour Humanists said there was "no credible ethical reason" to oppose gay marriage[6] and Minister for Women and Equalities, Maria Miller, told the House of Commons that the proposals "will strengthen, not weaken" the institution of marriage.[7]
The Bill included a "quadruple lock"[8] to safeguard religious organisations from being forced to conduct same sex marriages.
Summary of the Act
edit| Provision(s) | Effect | Status |
|---|---|---|
| Section 1 |
|
Fully in force (since 13 March 2014). |
| Section 2 |
|
Fully in force (since 13 March 2014). |
| Section 3 |
|
Fully in force (since 13 March 2014). |
| Section 4 and Schedule 1. |
|
Fully in force (since 13 March 2014). |
| Section 5 |
|
Fully in force (since 13 March 2014). |
| Section 6 |
|
Fully in force (since 3 June 2014). |
| Section 7 |
|
Fully in force (since 13 March 2014). |
| Section 8 |
|
Fully in force (since 13 March 2014). |
| Section 9 |
|
Fully in force (since 10 December 2014). |
| Section 10 and Schedule 2 |
|
Fully in force (since 13 March 2014). |
| Section 11 and Schedules 3 and 4 |
|
Section 11 and Schedule 3 fully in force (since 13 March 2014). Schedule 4 almost entirely in force (since between 13 March and 10 December 2014) with one exception. |
| Section 12 and Schedule 5 |
|
Fully in force (since 10 December 2014). |
| Section 13 and Schedule 6 |
|
Fully in force (since 3 June 2014). |
| Section 14 |
|
Fully in force (since 31 October 2013). |
| Section 15 |
|
Fully in force (since 17 July 2013). |
| Section 16 |
|
Fully in force (since 17 July 2013). |
| Section 17 and Schedule 7 |
|
Fully in force (since 17 July 2013) with some exceptions. |
| Section 18 |
|
Fully in force (since 31 October 2013). |
| Section 19 |
|
Fully in force (since 31 October 2013). |
| Section 20 |
|
Fully in force (since 31 October 2013). |
| Section 21 |
|
Fully in force (since 17 July 2013). |
Parliamentary Passage
editHouse of Commons
editFirst reading
editThe Bill received its First Reading on 24 January 2013.[9]
Second reading
editThe Bill received its Second Reading on 5 February 2013,[10] passing by a large majority of 400 to 175.[11]
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The SNP did not vote, as the Bill largely applies to England and Wales only.[citation needed]
Committee stage
editThe Bill was examined by the Marriage (Same Sex Couples) Bill Committee, a Public Bill Committee established to scrutinise the Bill line-by-line. The committee made no amendments to the Bill and returned it to the House of Commons on 12 March 2013.[14]
Prior to its scrutiny of the Bill, the Committee heard evidence from a number of witnesses. On 12 February 2013, the Committee heard evidence from the Church of England, the Catholic Bishops' Conference of England and Wales, the Church in Wales, Lord Pannick, Baroness Kennedy of the Shaws, Stonewall, the Lesbian and Gay Foundation, the Gender Identity Research and Education Society, Liberal Judaism, the Board of Deputies of British Jews, Out4Marriage, the Coalition for Marriage, and Julian Rivers of the University of Bristol Law School.[15]
On 14 February 2013, the Committee heard evidence from the Religious Society of Friends (the Quakers in Britain), the General Assembly of Unitarian and Free Christian Churches, the Methodist Church, the United Reformed Church, Liberty, the Equality and Human Rights Commission, the Cooperative Group, Schools OUT, the PSHE Association, Jeffrey John, Alice Arnold, Brendan O'Neill, and Mark Jones of Ormerod Solicitors.[15]
Members of the Public Bill Committee included:[16]
Report stage
editThe Bill was examined by the House of Commons as a whole during the Report Stage on 20 and 21 May 2013.[17] During the Report Stage, a number of amendments were made to the Bill:
- A new clause was inserted which makes clear that chaplains who are employed by a non-religious organisation (such as in a hospital or a university) who refuse to conduct a same sex marriage will not contravene anti-discrimination legislation.
- Clause 8 was amended to state that if the Governing Body of the Church in Wales makes clear that it wishes to conduct same sex marriages, the Lord Chancellor must make an order allowing it to do so, rather than simply having the power to do so.
- Following pressure on the government to open up access to civil partnerships for opposite-sex couples, a new clause was inserted which will require there to be a review of the operation and future of the Civil Partnership Act 2004 in England and Wales as soon as practicable.
Third reading
editThe Bill received its Third Reading in the House of Commons on 21 May 2013, passing with a majority of 366 to 161.[18]
House of Lords
editFirst reading
editThe Bill received its First Reading in the House of Lords on 21 May 2013.[20]
Second reading
editThe Bill passed its Second Reading in the House of Lords on 3 and 4 June 2013,[21] after a vote of 390 (72%) votes to 148 (28%) rejected a wrecking amendment that would have denied it a second reading.[22][23] The bill was supported (and the amendment rejected) by a majority from nearly every party having representation in the House.[22]
The House of Lords – whose members at the time averaged an age of 69[24] – primarily acts as a reviewing chamber, and the second reading is often in effect about the principles of a bill. The bill was therefore expected to be faced with a difficult hurdle, including strong, vocal opposition. A rarely used "wrecking" motion was tabled by Lord Dear, to effectively reject the bill in full, in place of its second reading.
I beg to move, as an amendment to the motion "That the bill be now read a second time", to leave out from "that" to the end and insert "this House declines to give the bill a second reading".
— The wrecking amendment moved by Lord Dear
Speakers opposed to the bill described it as a breach of tradition, undemocratic, against religion, and ill thought out.[25] Supporters of the bill included peers who were themselves in long-term same-sex relationships (Lord Alli, Baroness Barker, Lord Black of Brentwood, Lord Smith of Finsbury), and a fourth whose daughter was in a same-sex relationship, as well as heterosexual peers such as Lord Jenkin who had been supportive of gay rights for decades.[24] Nine of the 14 Anglican bishops attending voted for the amendment and five abstained.[26]
The final vote of almost 3–1 against the amendment, and in favour of the bill as it stood, was described by media and other observers as "very remarkable",[24] "crush[ing]"[25] and "overwhelming".[25][27]
| Party | Votes for (rejects bill) |
Votes against (supports bill) |
Did Not Vote[table 1] | |
|---|---|---|---|---|
| Labour | 160
|
– | ||
| Conservative | 66
|
80
|
63
| |
| Crossbenchers | 46
|
68
|
– | |
| Liberal Democrats | 73
|
– | ||
| Bishops | – | |||
| Non-affiliated | 3
|
4
|
– | |
| DUP | – | – | ||
| UUP | 1 |
– | – | |
| UKIP | – | – | ||
| Plaid Cymru | – | 2
|
– | |
| Independent Labour | – | – | ||
| Independent Liberal Democrat | – | 2
|
– | |
| Total | 148 | 390 | 78 | |
- ^ Note: this figure does not include peers that are deceased, have been granted a leave of absence or have been disqualified.
Committee stage
editThe Bill underwent its Committee Stage in the House of Lords on 17, 19 and 24 June 2013.[29] A number of government amendments to the Bill were agreed during the Committee Stage:
- Clause 5 was amended to detail the relevant governing authorities for giving consent to same-sex marriages according to the rights and usages of the Jewish religion;
- Schedule 7 would now also amend the Marriage Act 1949 to make clear that a same-sex marriage carried out by the Church of England, or by a religious organisation that had not opted in to solemnising same sex marriages would be void;
- Schedule 7 would now also amend the Public Order Act 1986. Part 3A of the 1986 Act prohibits stirring up hatred against people based on their sexual orientation. Part 3A would be amended to make clear that 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.
Report stage
editThe Bill underwent its Report Stage in the House of Lords on 8 and 10 July 2013.[29] A number of government amendments to the Bill were agreed during the Report Stage:
- Clause 2 was amended to define more specifically what is meant by the term "compelled";
- Schedule 5 was amended to provide for a new fast-track procedure for granting applications for gender recognition for those in protected marriages who transitioned over six years ago;
- A new clause was inserted which would allow the government to make secondary legislation permitting belief-based organisations (such as humanists) to solemnise marriages, following a public consultation.
Third reading
editThe Bill had its Third Reading on 15 July 2013, and was passed by a simple voice vote.[29]
The amended Bill returned to the House of Commons for approval of the amendments on 16 July 2013, which the House approved on the same day.
Royal Assent
editOn 17 July 2013, the Bill was granted Royal Assent by Queen Elizabeth II, thereby becoming the Marriage (Same Sex Couples) Act 2013.[30]
Commencement
edit17 July 2013: Royal Assent
editSections 15, 16 and 21 came into force on the day the Act received Royal Assent, 17 July 2013. The remaining, substantive provisions of the Act were brought into force by statutory instruments made by the Secretary of State.
31 October 2013: Power to Make Subordinate Legislation
edit
The Marriage (Same Sex Couples) Act 2013 (Commencement No. 1) Order 2013 brought into force various provisions of the Act on 31 October 2013:
- Section 4 and schedule 1 but only to the extent that these provisions conferred or related to the power to make subordinate legislation. Section 4 and schedule 1 allow religious organisations to perform same sex marriages if they opt in to do so. Subordinate legislation was required to provide details on the application procedure for religious buildings to register to conduct same-sex marriages;
- Paragraphs 5, 8 and 14 of schedule 4 but only to the extent that these provisions conferred or related to the power to make subordinate legislation. Paragraphs 5 and 8 amended the Domicile and Matrimonial Proceedings Act 1973 to set out the jurisdiction of courts in proceedings for orders relating to the ending of a marriage (divorce, judicial separation, nullity of marriage or because one of the couple is dead) and orders relating to declarations of validity of the marriage. Subordinate legislation was required to set out the jurisdiction of the courts to deal with divorce, judicial separation and nullity cases and about the recognition of such orders for a married same-sex couple where one of the couple is or has been habitually resident in a member state of the European Union (EU), or is an EU national, or is domiciled in a part of the UK or the Republic of Ireland. The subordinate legislation brought the jurisdiction in line with that contained within EU law which applies to opposite-sex couples. Paragraph 14 amended the Social Security Contributions and Benefits Act 1992 so that subordinate legislation could be made to provide a particular retirement benefit – the graduated retirement benefit – is available to surviving spouses in same-sex marriages in the same way it is available to widows, widowers and surviving civil partners;
- Section 14;
- Sections 17(1) to (3);
- Sections 18, 19 and 20;
- Paragraphs 1 and 2(2) of schedule 2. Paragraphs 1 and 2(2) allow for subordinate legislation to be made which provides that same-sex marriages conducted in England and Wales are to be recognised in Scotland (until same-sex marriage is permitted in Scotland) and Northern Ireland as civil partners; and
- Paragraphs 27(3) and (4) of schedule 4. Paragraphs 27(3) and (4) allow for subordinate legislation to be made which contains exceptions to the equivalence in law between opposite-sex marriages and same-sex marriages.
21 January 2014: Power to Make Subordinate Legislation
editThe Marriage (Same Sex Couples) Act 2013 (Commencement No. 2 and Transitional Provision) Order 2014 brought into force a number of provisions for the purposes of making secondary legislation on 21 January 2014:
- Section 6 (marriages in naval, military and air force chapels); and
- Schedule 6 (marriages overseas).
13 March 2014: Same-Sex Marriage
editThe Marriage (Same Sex Couples) Act 2013 (Commencement No. 2 and Transitional Provision) Order 2014 brought into force the vast majority of the provisions which allowed same-sex couples to marry on 13 March 2014. As the law requires couples to wait at least 16 days after giving notice to the local register office before a marriage ceremony can take place, the first marriages took place on 29 March 2014. An exception was where the Registrar General has waived the notice period because one member of the couple was seriously ill and not expected to recover. Such marriages could take place at any time after 13 March 2014.[31] Same-sex couples who married abroad under foreign law and who were previously treated as civil partners were recognised as married as of 13 March 2014.[32][33] The provisions which came into force on 13 March 2014 were:
- Sections 1 to 5;
- Sections 7 and 8;
- Sections 10(1) and (2);
- Section 11;
- The remainder of Schedule 1;
- The remainder of Schedule 2;
- Schedule 3;
- Schedule 4 (with some minor exceptions); and
- Schedule 7 (with some minor exceptions).
29 March 2014: Marriage Ceremonies
editThe first same-sex marriages took place on 29 March 2014.[34]
3 June 2014: Marriage in British Consulates in Armed Forces Bases Overseas and in Military Chapels
editThe Marriage (Same Sex Couples) Act 2013 (Commencement No. 2 and Transitional Provision) Order 2014 brought into force a number of provisions on 3 June 2014 which allow same-sex couples to marry in certain British consulates in armed forces bases overseas, and potentially allow for same-sex marriages in military chapels.[32] The provisions which came into force on 3 June 2014 were:
- The remainder of section 6;
- Section 13;
- The remainder of schedule 6; and
- Minor provisions within schedule 7.
10 December 2014: Conversion of Civil Partnerships and Marriage of Transgender Persons
editThe Marriage (Same Sex Couples) Act 2013 (Commencement No. 4) Order 2014 brought into force all remaining provisions of the Act on 10 December 2014, those including the provisions which allow for couples in a civil partnership to convert their civil partnership into a marriage (section 9) and for individuals in a marriage or a civil partnership to change their gender without first needing to divorce or dissolve the civil partnership (section 12 and schedule 5).
UK Crown Dependencies and Territories
editSame-sex marriage is legal within Bermuda (subject to appeal), Cayman Islands (subject to appeal), Isle of Man, Indian Ocean Territory, British Antarctic Territory, Akrotiri and Dhekelia (UK Military personnel only), Saint Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands, Gibraltar, Channel Islands, Pitcairn Islands and the Falkland Islands.
Aftermath
editIn 2013, it was claimed that the Conservative Party lost an estimated 35–40% of its membership due to the Same Sex Marriage Bill.[35][36] Despite this claim, the Conservatives won the 2015 UK General Election with their first outright majority since 1992.
See also
editReferences
edit- ^ "Marriage (Same Sex Couples) Bill". House of Commons. 25 January 2013. Retrieved 28 January 2013.
- ^ "Lynne Featherstone MP announces government consultation on equal marriage". lynnefeatherstone.org. 21 September 2011. Retrieved 28 January 2013.
- ^ "Equal marriage: The Government's response". HM Government. Retrieved 28 January 2013.
- ^ "Lib Dem MP Gordon Birtwistle: 'Gay marriage is just not on'". pinknews.co.uk. 17 December 2010. Retrieved 28 January 2013.
- ^ "Help Stonewall push for Marriage Equality". Stonewall (charity). 6 September 2017.
- ^ "Backing equal marriage". Labour Humanists. 28 May 2012. Archived from the original on 30 March 2013. Retrieved 28 January 2013.
- ^ Miller, Maria (11 December 2012). "Parliamentary statement on equal civil marriage". Department for Culture, Media and Sport. Retrieved 28 January 2013.
- ^ Wintour, Patrick (11 December 2012). "Gay marriage plans offer 'quadruple lock' for opposed religious groups". The Guardian. Retrieved 25 January 2013.
- ^ "House of Commons Hansard Debates for 24 January 2013". Houses of Parliament. 24 January 2013. Retrieved 28 January 2013.
- ^ "Bill stages — Marriage (Same Sex Couples) Bill 2012–13". Houses of Parliament. Retrieved 28 January 2013.
- ^ "Gay marriage: Legislation passes first Commons hurdle". BBC News. 5 February 2013. Retrieved 5 February 2013.
- ^ "MP-by-MP: Gay marriage vote". BBC News. 5 February 2013.
- ^ "Marriage (Same Sex Couples) Bill — 5 Feb 2013 at 18:52". Divisions – 2010–present, Westminster. Public Whip. 6 February 2013. Retrieved 7 February 2013.
- ^ Westminster, Department of the Official Report (Hansard), House of Commons. "House of Commons Hansard Debates for 05 Feb 2013 (pt 0004)". publications.parliament.uk.
{{cite web}}: CS1 maint: multiple names: authors list (link) - ^ a b "Marriage (Same Sex Couples) Bill" (PDF). house of Commons. 12 February 2013. Retrieved 12 June 2021.
- ^ "House of Commons Public Bill Committee on the Marriage (Same Sex Couples) Bill 2012–13". Retrieved 20 May 2013.
- ^ "Parliamentary business for the week beginning Monday 20 May 2013". parliament.uk. 9 May 2013. Retrieved 9 May 2013.
- ^ "Gay marriage: Commons passes Cameron's plan". BBC. 21 May 2013. Retrieved 21 May 2013.
- ^ "The Public Whip — Marriage (Same Sex Couples) Bill — Third Reading – 21 May 2013 at 18:59". publicwhip.org.uk.
- ^ "Marriage (Same Sex Couples) Bill". House of Lords. 21 May 2013. p. 834. Retrieved 12 June 2021.
- ^ "Forthcoming Business" (PDF). Government Whips' Office, House of Lords. 22 May 2013. pp. 2, 5, 6. Retrieved 22 May 2013.[permanent dead link]
- ^ a b Lords Divisions results, 4 June 2013, Division 1, Marriage (Same Sex Couples) Bill – official tally from http://www.parliament.uk
- ^ "Gay marriage bill: Peers back government plans". BBC News Online. 4 June 2013. Retrieved 4 June 2013.
- ^ a b c Lyall, Sarah (4 June 2013). "Hidebound Chamber Lets Down Its Hair in Gay-Marriage Debate". The New York Times. Retrieved 5 June 2013.
- ^ a b c Simons, Ned (4 June 2013). "Gay Marriage: Lords Overwhelmingly Approve Bill, Crush Opposition". HuffPost. Retrieved 5 June 2013.
- ^ Davies, Madeleine. "Bishops divided as gay-marriage Bill passes in Lords". Church Times. Retrieved 5 June 2013.
- ^ Dominiczak, Peter; Winnett, Robert; Bingham, John (4 June 2013). "Lords give overwhelming backing to gay marriage". The Daily Telegraph. Retrieved 5 June 2013.
- ^ "Lords Divisions results, 4 June 2013, Division 1, Marriage (Same Sex Couples) Bill".[permanent dead link]
- ^ a b c "Bill stages — Marriage (Same Sex Couples) Bill 2012–13 to 2013–14". UK Parliament. 2013. Retrieved 26 June 2013.
- ^ "Same-sex marriage set to enter law later this week". BBC News. 16 July 2013. Retrieved 16 July 2013.
- ^ "Marriage (Same Sex Couples) Act: A factsheet" (PDF). Government Equalities Office. January 2014. Retrieved 12 June 2021.
- ^ a b "First Same Sex weddings to happen from 29 March 2014 (Department for Culture, Media and Sport)". Government of the United Kingdom. 10 December 2013. Retrieved 14 December 2013.
- ^ "Civil partnerships can be converted to marriages from December". The Guardian. 26 June 2014. Retrieved 8 July 2014.
- ^ "Same-sex weddings to begin in March". BBC News. 10 December 2013. Retrieved 10 December 2013.
- ^ "Statement on average age and analysis of Conservative Party Membership (2019) | The Bow Group". Archived from the original on 17 January 2019. "Statement on average age and analysis of Conservative Party Membership (2019) | the Bow Group". Archived from the original on 21 July 2019. Retrieved 21 July 2019.
- ^ Brownsell, James (20 July 2019). "Who are Britain's Conservatives?". Al Jazeera. Retrieved 12 June 2021.