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 (Commons)
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
Marriage Act 1949
Matrimonial Causes Act 1973
Gender Recognition Act 2004
Civil Partnership Act 2004
Repeals
Foreign Marriage Act 1892
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
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]
Contents
1Background
2Summary of the Act
3Parliamentary Passage
3.1House of Commons
3.1.1First Reading
3.1.2Second Reading
3.1.3Committee Stage
3.1.4Report Stage
3.1.5Third Reading
3.2House of Lords
3.2.1First Reading
3.2.2Second Reading
3.2.3Committee Stage
3.2.4Report Stage
3.2.5Third Reading
3.3Royal Assent
4Commencement
4.117 July 2013: Royal Assent
4.231 October 2013: Power to Make Subordinate Legislation
4.321 January 2014: Power to Make Subordinate Legislation
4.413 March 2014: Same-Sex Marriage
4.529 March 2014: Marriage Ceremonies
4.63 June 2014: Marriage in British Consulates in Armed Forces Bases Overseas and in Military Chapels
4.710 December 2014: Conversion of Civil Partnerships and Marriage of Transgender Persons
4.8UK Crown Dependencies and Territories
5After
6See also
7References
8External links
Background
The Government's equal marriage promotion
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
Provision(s)
Effect
Status
Section 1
Makes same-sex marriage legal.
Preserves the Canon law of the Church of England which states that marriage is between opposite-sex couples only.
States that the common law duty on members of the clergy to solemnise marriages does not extend to same-sex marriages.
Fully in force (since 13 March 2014).
Section 2
Provides protections for individuals and religious organisations who choose not to "opt in" to solemnise same-sex marriages from any liability including through amending the Equality Act 2010.
Fully in force (since 13 March 2014).
Section 3
Amends the Marriage Act 1949 to update the list of marriages which can be solemnised without the need for any "opt in":
religious marriages for opposite-sex couples only in registered buildings;
civil marriages for all couples in a register office;
civil marriages for all couples in approved premises e.g. a hotel;
religious marriages for opposite-sex couples by the Quakers or the Jewish religion;
religious marriages for opposite-sex couples, one of whom is house-bound or detained;
civil marriages for all couples, one of whom is house-bound or detained;
marriages for opposite sex couples in a church or chapel of the Church of England or the Church in Wales.
Fully in force (since 13 March 2014).
Section 4 and Schedule 1.
Sets out the procedure by which religious organisations (except for the Church of England, the Church in Wales, the Quakers and the Jewish religion) can "opt in" to solemnise same-sex marriages in religious buildings.
Fully in force (since 13 March 2014).
Section 5
Sets out the procedure by which the Quakers and the Jewish religion can "opt in" to solemnise same-sex marriages.
Sets out the procedure by which religious organisations (except for the Church of England and the Church in Wales) can solemnise same-sex marriages where one or both of the same-sex couple is house-bound or detained.
Fully in force (since 13 March 2014).
Section 6
Sets out the procedure by which same-sex marriages may be solemnised in naval, military and air force chapels (except for marriages according to the rites of the Church of England or the Church in Wales).
Fully in force (since 3 June 2014).
Section 7
Amends the Marriage (Registrar General's Licence) Act 1970 so that the Registrar General can authorise a religious marriage ceremony of a same-sex couple if the relevant governing authority has consented to marriages of same-sex couples. The Registrar General is permitted to authorise marriages where one of the couple is seriously ill, is not expected to recover and cannot be moved.
Fully in force (since 13 March 2014).
Section 8
Sets out the procedure by which the Church in Wales can "opt in" to solemnise same-sex marriages. The Lord Chancellor would have to be satisfied that the Governing Body of the Church in Wales had resolved that the law should be changed to allow for the marriage of same-sex couples according to the rites of the Church in Wales. He must then make an order permitting the Church in Wales to perform same-sex marriages.
Fully in force (since 13 March 2014).
Section 9
Sets out the procedure by which couples in a civil partnership can convert their civil partnership into a marriage.
Fully in force (since 10 December 2014).
Section 10 and Schedule 2
Provides that same-sex marriages entered into outside of the United Kingdom will be recognised as a marriage in England and Wales.
Provides that same-sex marriages entered into in England and Wales will be recognised as civil partnerships in Scotland and Northern Ireland.
Fully in force (since 13 March 2014).
Section 11 and Schedules 3 and 4
Provides that, as a general rule, marriage has the same effect in relation to same sex couples as it has in relation to opposite sex couples under English law.
Sets out how English law is to be interpreted to ensure that same-sex marriages are treated in the same way as opposite-sex marriages.
Sets out certain exceptions to the general rule.
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
Amend the Gender Recognition Act 2004 to enable existing marriages registered in England and Wales or outside the United Kingdom to continue where one or both parties change their legal gender and both parties wish to remain married. It also amends the Act to enable a civil partnership to continue where both parties change their gender simultaneously and wish to remain in their civil partnership.
Fully in force (since 10 December 2014).
Section 13 and Schedule 6
Repeals the Foreign Marriage Act 1892 in England, Wales and Scotland.
Permits secondary legislation to be made which allows for marriages to take place in overseas consulates.
Permits secondary legislation to be made which allows for certificates of no impediment to marriage to be issued where a United Kingdom national wishes to marry overseas according to local laws of that country or territory.
Permits secondary legislation to be made which allows for members of the armed forces serving overseas, and accompanying civilians, to marry in the presence of a chaplain or other authorised officer.
Fully in force (since 3 June 2014).
Section 14
Requires the government to arrange for a review of whether secondary legislation should be made which would permit belief-based organisations (such as humanists) to solemnise marriages and for a report on the outcome of the review to be produced and published before 1 January 2015.
Fully in force (since 31 October 2013).
Section 15
Requires the government to arrange for review of the operation and future of the Civil Partnership Act 2004 in England and Wales to be carried out, and for a report on the outcome of the review to be produced and published.
Fully in force (since 17 July 2013).
Section 16
Requires the government to arrange for review of certain matters relating to occupational pension schemes to be carried out, and for a report on the outcome of the review to be produced and published before 1 July 2014. Following the review, the government may make secondary legislation for the purpose of eliminating or reducing relevant differences in survivor benefits.
Fully in force (since 17 July 2013).
Section 17 and Schedule 7
Makes various transitional and consequential provisions.
Allows for secondary legislation which is needed to ensure the effective transition from marriage only being available to opposite-sex couples to being available for all couples.
Deals with transitional arrangements in relation to "approved premises", e.g. premises (such as hotels) which have been approved by local authorities as venues for civil marriages and civil partnerships, and provides that any premises in the process of applying to be approved, or already approved as a venue for marriages of opposite sex couples will automatically be approved as a venue for marriages of same sex couples. Any future applications for, and grants of, approval of premises, will be for both same sex and opposite sex civil marriage.
Makes amendments to a number of pieces of legislation in consequence of the introduction of same-sex marriage, notably the Marriage Act 1949, the Marriage (Registrar General's Licence) Act 1970, the Matrimonial Causes Act 1973, the Public Order Act 1986, the Social Security Contributions and Benefits Act 1992, the Pension Schemes Act 1993, the Civil Partnership Act 2004, the Human Fertilisation and Embryology Act 2008, and the Equality Act 2010.
Fully in force (since 17 July 2013) with some exceptions.
Section 18
Sets out which of the different procedures by which secondary legislation is made apply to the different powers to make secondary legislation in the Act.
Fully in force (since 31 October 2013).
Section 19
Defines various expressions used in the Act.
Fully in force (since 31 October 2013).
Section 20
Sets out the territorial extent of the Act: England and Wales, with some provisions also applying to Scotland and Northern Ireland.
Fully in force (since 31 October 2013).
Section 21
Sets out the short title of the Act: the Marriage (Same Sex Couples) Act 2013.
Brings into force sections 15, 16 and 21 on the date on which the Act comes is passed (17 July 2013) and the rest when the Lord Chancellor or Secretary of State appoints.
Fully in force (since 17 July 2013).
Parliamentary Passage
House of Commons
First Reading
The Bill received its First Reading on 24 January 2013.[9]
Second Reading
The Bill received its Second Reading on 5 February 2013,[10] passing by a large majority of 400 to 175.[11]
Marriage (Same Sex Couples) Bill – Second Reading[12]
Party
Votes for
Votes against
Both (Registered abstentions)
Did Not Vote
126 (+1 teller)
Stuart Andrew
Gregory Barker
John Baron
Gavin Barwell
Richard Benyon
Crispin Blunt
Nicholas Boles
Peter Bottomley
Karen Bradley
James Brokenshire
Aidan Burley
Conor Burns
Alistair Burt
Dan Byles
David Cameron
Neil Carmichael
James Clappison
Greg Clark
Kenneth Clarke
Damian Collins
Oliver Colvile
Tracey Crouch
Stephen Dorrell
James Duddridge
Alan Duncan
Iain Duncan Smith
Michael Ellis
Jane Ellison
Michael Fabricant
Mark Field
Mike Freer
Lorraine Fullbrook
David Gauke
Nick Gibb
Zac Goldsmith
Michael Gove
Richard Graham
Helen Grant
Chris Grayling
Damian Green
Justine Greening
Ben Gummer
Sam Gyimah
William Hague
Stephen Hammond
Matthew Hancock
Greg Hands
Mark Harper
Richard Harrington
Chris Heaton-Harris
Charles Hendry
Nick Herbert
Damian Hinds
George Hollingbery
Kris Hopkins
John Howell
Jeremy Hunt
Margot James
Sajid Javid
Bernard Jenkin
Jo Johnson
Andrew Jones
Daniel Kawczynski
Simon Kirby
Andrew Lansley
Jessica Lee
Oliver Letwin
Brandon Lewis
Peter Luff
Mary Macleod
Francis Maude
Theresa May
Jason McCartney
Patrick McLoughlin
Mark Menzies
Maria Miller
Nigel Mills
Andrew Mitchell
Penny Mordaunt
Stephen Mosley
David Mowat
David Mundell
Andrew Murrison
Brooks Newmark
Sarah Newton
Eric Ollerenshaw
Guy Opperman
George Osborne
Richard Ottaway
John Penrose
Andrew Percy
Eric Pickles
Christopher Pincher
Dan Poulter
Dominic Raab
Mark Reckless
Hugh Robertson
Amber Rudd
Laura Sandys
Grant Shapps
Alok Sharma
Mark Simmonds
Keith Simpson
Chris Skidmore
Chloe Smith
Julian Smith
Nicholas Soames
Anna Soubry
Caroline Spelman
Andrew Stephenson
Iain Stewart
Rory Stewart
Desmond Swayne (teller)
Hugo Swire
Justin Tomlinson
Elizabeth Truss
Edward Vaizey
Theresa Villiers
Charles Walker
Robin Walker
Angela Watkinson
Mike Weatherley
Chris White
David Willetts
Sarah Wollaston
Tim Yeo
George Young
134 (+2 tellers)
Nigel Adams
Adam Afriyie
Peter Aldous
David Amess
James Arbuthnot
Richard Bacon
Steven Baker
Tony Baldry
Guto Bebb
Henry Bellingham
Paul Beresford
Andrew Bingham
Bob Blackman
Peter Bone (teller)
Graham Brady
Julian Brazier
Andrew Bridgen
Steve Brine
Fiona Bruce
Robert Buckland
Simon Burns
David Burrowes
Alun Cairns
Douglas Carswell
William Cash
Rehman Chishti
Christopher Chope
Geoffrey Clifton-Brown
Therese Coffey (teller)
Geoffrey Cox
Stephen Crabb
David Davies
Glyn Davies
Philip Davies
David Davis
Nick de Bois
Caroline Dinenage
Richard Drax
Charlie Elphicke
Jonathan Evans
David Evennett
Michael Fallon
Liam Fox
Mark Francois
George Freeman
Roger Gale
Edward Garnier
Mark Garnier
Cheryl Gillan
John Glen
Robert Goodwill
James Gray
Andrew Griffiths
Robert Halfon
Simon Hart
Alan Haselhurst
John Hayes
Oliver Heald
Gordon Henderson
Philip Hollobone
Adam Holloway
Gerald Howarth
Stewart Jackson
Gareth Johnson
David Jones
Marcus Jones
Greg Knight
Kwasi Kwarteng
Mark Lancaster
Pauline Latham
Jeremy Lefroy
Edward Leigh
Julian Lewis
David Lidington
Peter Lilley
Jack Lopresti
Jonathan Lord
Tim Loughton
Karen Lumley
Anne Main
Paul Maynard
Karl McCartney
Anne McIntosh
Stephen McPartland
Esther McVey
Stephen Metcalfe
Nicky Morgan
Anne-Marie Morris
David Morris
James Morris
Bob Neill
Caroline Nokes
David Nuttall
Stephen O'Brien
Matthew Offord
James Paice
Neil Parish
Priti Patel
Owen Paterson
Mark Pawsey
Michael Penning
Mark Pritchard
John Randall
John Redwood
Jacob Rees-Mogg
Simon Reevell
Malcolm Rifkind
Andrew Robathan
Laurence Robertson
Andrew Rosindell
David Ruffley
David Rutley
Andrew Selous
Alec Shelbrooke
Richard Shepherd
Henry Smith
John Stanley
John Stevenson
Bob Stewart
Mel Stride
Julian Sturdy
Robert Syms
Peter Tapsell
David Tredinnick
Andrew Turner
Shailesh Vara
Martin Vickers
Ben Wallace
Robert Walter
James Wharton
Heather Wheeler
Craig Whittaker
John Whittingdale
Bill Wiggin
Gavin Williamson
Jeremy Wright
5
Angie Bray
Andrea Leadsom
Phillip Lee
Charlotte Leslie
Rob Wilson
36
Harriett Baldwin
Stephen Barclay
Jake Berry
Brian Binley
Nicola Blackwood
Jonathan Djanogly
Jackie Doyle-Price
Philip Dunne
Tobias Ellwood
George Eustice
Graham Evans
Nigel Evans
Richard Fuller
Dominic Grieve
Philip Hammond
Rebecca Harris
Mark Hoban
Nick Hurd
Chris Kelly
Eleanor Laing
Ian Liddell-Grainger
Patrick Mercer
Anne Milton
Sheryll Murray
Jesse Norman
Claire Perry
Stephen Phillips
Mark Prisk
Lee Scott
Mark Spencer
Gary Streeter
Graham Stuart
Edward Timpson
Andrew Tyrie
Paul Uppal
Nadhim Zahawi
217
Diane Abbott
Debbie Abrahams
Bob Ainsworth
Douglas Alexander
Heidi Alexander
Rushanara Ali
Graham Allen
David Anderson
Jonathan Ashworth
Ian Austin
Adrian Bailey
William Bain
Edward Balls
Gordon Banks
Kevin Barron
Hugh Bayley
Margaret Beckett
Hilary Benn
Luciana Berger
Clive Betts
Roberta Blackman-Woods
Hazel Blears
Tom Blenkinsop
Paul Blomfield
David Blunkett
Ben Bradshaw
Kevin Brennan
Lyn Brown
Nick Brown
Russell Brown
Chris Bryant
Karen Buck
Richard Burden
Andy Burnham
Liam Byrne
Alan Campbell
Martin Caton
Sarah Champion
Jenny Chapman
Katy Clark
Ann Clwyd
Vernon Coaker
Ann Coffey
Michael Connarty
Yvette Cooper
Jeremy Corbyn
Mary Creagh
Stella Creasy
Jon Cruddas
John Cryer
Jim Cunningham
Margaret Curran
Nicholas Dakin
Simon Danczuk
Alistair Darling
Wayne David
Ian Davidson
Geraint Davies
Gloria De Piero
John Denham
Frank Dobson
Thomas Docherty
Frank Doran
Stephen Doughty
Jim Dowd
Gemma Doyle
Jack Dromey
Michael Dugher
Angela Eagle
Maria Eagle
Clive Efford
Julie Elliott
Louise Ellman
Natascha Engel
Chris Evans
Paul Farrelly
Frank Field
Jim Fitzpatrick
Caroline Flint
Paul Flynn
Yvonne Fovargue
Hywel Francis
Mike Gapes
Barry Gardiner
Sheila Gilmore
Helen Goodman
Tom Greatrex
Kate Green
Lilian Greenwood
Nia Griffith
Andrew Gwynne
Peter Hain
David Hamilton
Fabian Hamilton
David Hanson
Harriet Harman
Tom Harris
John Healey
Mark Hendrick
Stephen Hepburn
Meg Hillier
Julie Hilling
Margaret Hodge
Sharon Hodgson
Kate Hoey
Kelvin Hopkins
George Howarth
Tristram Hunt
Huw Irranca-Davies
Glenda Jackson
Siân James
Cathy Jamieson
Dan Jarvis
Alan Johnson
Diana Johnson
Graham Jones
Helen Jones
Kevan Jones
Susan Elan Jones
Tessa Jowell
Gerald Kaufman
Barbara Keeley
Liz Kendall
Sadiq Khan
David Lammy
Ian Lavery
Mark Lazarowicz
Christopher Leslie
Ivan Lewis
Andrew Love
Ian Lucas
Fiona Mactaggart
Shabana Mahmood
Seema Malhotra
John Mann
Gordon Marsden
Stephen McCabe
Kerry McCarthy
Gregg McClymont
Siobhain McDonagh
Andrew McDonald
John McDonnell
Pat McFadden
Alison McGovern
Anne McGuire
Ann McKechin
Catherine McKinnell
Alan Meale
David Miliband
Edward Miliband
Andrew Miller
Austin Mitchell
Madeleine Moon
Jessica Morden
Graeme Morrice
Grahame Morris
Meg Munn
Jim Murphy
Ian Murray
Lisa Nandy
Pamela Nash
Fiona O'Donnell
Chi Onwurah
Sandra Osborne
Albert Owen
Teresa Pearce
Toby Perkins
Bridget Phillipson
Lucy Powell
Nick Raynsford
Jamie Reed
Steve Reed
Rachel Reeves
Emma Reynolds
Jonathan Reynolds
Linda Riordan
John Robertson
Geoffrey Robinson
Steve Rotheram
Lindsay Roy
Chris Ruane
Joan Ruddock
Anas Sarwar
Andy Sawford
Alison Seabeck
Barry Sheerman
Dennis Skinner
Andy Slaughter
Andrew Smith
Angela Smith
Nick Smith
Owen Smith
John Spellar
Jack Straw
Graham Stringer
Gisela Stuart
Gerry Sutcliffe
Mark Tami
Gareth Thomas
Emily Thornberry
Jon Trickett
Karl Turner
Stephen Twigg
Chuka Umunna
Keith Vaz
Valerie Vaz
Joan Walley
Tom Watson
Dave Watts
Alan Whitehead
Chris Williamson
Phil Wilson
David Winnick
Rosie Winterton
John Woodcock
David Wright
Iain Wright
22
Joe Benton
Ronnie Campbell
Tom Clarke
Rosie Cooper
David Crausby
Tony Cunningham
Jim Dobbin
Brian H Donohoe
Robert Flello
Mary Glindon
Paul Goggins
Dai Havard
Michael McCann
Jim McGovern
Iain McKenzie
George Mudie
Paul Murphy
Stephen Pound
Frank Roy
Jim Sheridan
Derek Twigg
Mike Wood
–
18
Anne Begg
Gordon Brown
Alex Cunningham
Bill Esterson
Pat Glass
Roger Godsiff
David Heyes
Jimmy Hood
Lindsay Hoyle
Khalid Mahmood
Michael Meacher
Ian Mearns
Dawn Primarolo
Yasmin Qureshi
Virendra Sharma
Gavin Shuker
Stephen Timms
Shaun Woodward
44 (+1 teller)
Danny Alexander
Tom Brake
Annette Brooke
Jeremy Browne
Malcolm Bruce
Paul Burstow
Lorely Burt
Vincent Cable
Menzies Campbell
Alistair Carmichael
Nicholas Clegg
Michael Crockart
Edward Davey
Tim Farron
Lynne Featherstone
Don Foster
Andrew George
Stephen Gilbert
Duncan Hames
Mike Hancock
Nick Harvey
David Heath
John Hemming
Simon Hughes
Mark Hunter (teller)
Julian Huppert
Norman Lamb
David Laws
John Leech
Stephen Lloyd
Michael Moore
Tessa Munt
Alan Reid
Dan Rogerson
Bob Russell
Adrian Sanders
Robert Smith
Andrew Stunell
Ian Swales
Jo Swinson
Steve Webb
Mark Williams
Roger Williams
Stephen Williams
Simon Wright
4
Alan Beith
Gordon Birtwistle
John Pugh
Sarah Teather
–
7
Norman Baker
Martin Horwood
Charles Kennedy
Greg Mulholland
John Thurso
David Ward
Jennifer Willott
–
–
–
6
Stewart Hosie
Angus MacNeil
Angus Robertson
Mike Weir
Eilidh Whiteford
Pete Wishart
–
8
Gregory Campbell
Nigel Dodds
Jeffrey Donaldson
William McCrea
Ian Paisley Jnr
Jim Shannon
David Simpson
Sammy Wilson
–
–
3
Jonathan Edwards
Elfyn Llwyd
Hywel Williams
–
–
–
1
Caroline Lucas
–
–
–
1
Mark Durkan
–
–
2
Alasdair McDonnell
Margaret Ritchie
1
Naomi Long
–
–
–
1
George Galloway
–
–
–
Independents
1
Eric Joyce
2
Sylvia Hermon
Nadine Dorries
–
–
Total
395 (+2 tellers)
170 (+2 tellers)
5
74
Map of MPs by their vote and party on the second reading of the Bill, 5 February 2013 (Aye votes are in blue and dark blue).[13]
The SNP did not vote, as the Bill largely applies to England and Wales only.[citation needed]
Committee Stage
The 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 QC, Baroness Kennedy of the Shaws QC, 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 Professor 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]
The 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
The Bill received its Third Reading in the House of Commons on 21 May 2013, passing with a majority of 366 to 161.[18]
Marriage (Same Sex Couples) Bill – Third Reading[19]
Party
Votes for
Votes against
Both (Registered abstentions)
Did Not Vote
117 (+1 teller)
Stuart Andrew
Harriett Baldwin
Stephen Barclay
Gregory Barker
John Baron
Gavin Barwell
Richard Benyon
Crispin Blunt
Nicholas Boles
Peter Bottomley
Karen Bradley
James Brokenshire
Aidan Burley
Alistair Burt
Dan Byles
David Cameron
Neil Carmichael
Greg Clark
Oliver Colvile
Tracey Crouch
Stephen Dorrell
James Duddridge
Alan Duncan
Iain Duncan Smith
Michael Ellis
Jane Ellison
Tobias Ellwood
Michael Fabricant
Mark Field
Mike Freer
Lorraine Fullbrook
David Gauke
Nick Gibb
Zac Goldsmith
Michael Gove
Helen Grant
Chris Grayling
Damian Green
Justine Greening
Ben Gummer
Sam Gyimah
Stephen Hammond
Matthew Hancock
Greg Hands
Mark Harper
Richard Harrington
Rebecca Harris
Chris Heaton-Harris
Charles Hendry
Nick Herbert
Damian Hinds
George Hollingbery
Kris Hopkins
Jeremy Hunt
Margot James
Sajid Javid
Bernard Jenkin
Jo Johnson
Andrew Jones
Daniel Kawczynski
Simon Kirby
Andrew Lansley
Pauline Latham
Jessica Lee
Oliver Letwin
Brandon Lewis
Peter Luff
Mary Macleod
Francis Maude
Theresa May
Jason McCartney
Patrick McLoughlin
Mark Menzies
Maria Miller
Nigel Mills
Andrew Mitchell
Penny Mordaunt
Stephen Mosley
David Mowat
Brooks Newmark
Eric Ollerenshaw
Guy Opperman
George Osborne
Richard Ottaway
John Penrose
Andrew Percy
Stephen Phillips
Eric Pickles
Dan Poulter
Dominic Raab
Hugh Robertson
Amber Rudd
Laura Sandys
Grant Shapps
Mark Simmonds
Chris Skidmore
Chloe Smith
Julian Smith
Anna Soubry
Caroline Spelman
Andrew Stephenson
Iain Stewart
Desmond Swayne (teller)
Justin Tomlinson
Elizabeth Truss
Edward Vaizey
Theresa Villiers
Charles Walker
Robin Walker
Angela Watkinson
Mike Weatherley
Chris White
David Willetts
Sarah Wollaston
Tim Yeo
George Young
Nadhim Zahawi
127 (+2 tellers)
Nigel Adams
Adam Afriyie
Peter Aldous
David Amess
Richard Bacon
Guto Bebb
Henry Bellingham
Paul Beresford
Andrew Bingham
Nicola Blackwood
Peter Bone
Graham Brady
Julian Brazier
Andrew Bridgen
Steve Brine
Fiona Bruce
Robert Buckland
Simon Burns
David Burrowes
Douglas Carswell
William Cash
Rehman Chishti
Christopher Chope
Therese Coffey
Geoffrey Cox
Stephen Crabb
David Davies
Glyn Davies
Philip Davies
David Davis
Nick de Bois
Nadine Dorries
Jackie Doyle-Price
Richard Drax
Charlie Elphicke
Jonathan Evans
David Evennett
Liam Fox
Mark Francois
George Freeman
Roger Gale
Edward Garnier
Mark Garnier
Cheryl Gillan
John Glen
Robert Goodwill
James Gray
Andrew Griffiths
Robert Halfon
Simon Hart
Alan Haselhurst
John Hayes
Oliver Heald
Gordon Henderson
Philip Hollobone
Adam Holloway
Gerald Howarth
Stewart Jackson
Gareth Johnson
David Jones
Marcus Jones
Greg Knight
Kwasi Kwarteng
Mark Lancaster (teller)
Jeremy Lefroy
Edward Leigh
Julian Lewis
Ian Liddell-Grainger
David Lidington
Peter Lilley
Jonathan Lord
Tim Loughton
Karen Lumley
Anne Main
Paul Maynard
Karl McCartney
Anne McIntosh
Stephen McPartland
Esther McVey
Stephen Metcalfe
Anne Milton
Nicky Morgan
Anne-Marie Morris
David Morris
James Morris
Bob Neill
David Nuttall
Stephen O'Brien
Matthew Offord
James Paice
Neil Parish
Priti Patel
Owen Paterson
Mark Pawsey
Michael Penning
Mark Pritchard
John Randall (teller)
John Redwood
Jacob Rees-Mogg
Malcolm Rifkind
Andrew Robathan
Laurence Robertson
Andrew Rosindell
David Rutley
Lee Scott
Andrew Selous
Alec Shelbrooke
Richard Shepherd
Henry Smith
John Stanley
John Stevenson
Bob Stewart
Mel Stride
Julian Sturdy
Robert Syms
David Tredinnick
Andrew Turner
Shailesh Vara
Martin Vickers
Ben Wallace
Robert Walter
James Wharton
Heather Wheeler
Craig Whittaker
John Whittingdale
Bill Wiggin
Gavin Williamson
Jeremy Wright
7
Graham Evans
John Howell
Andrea Leadsom
Philip Lee
Charlotte Leslie
Claire Perry
Rob Wilson
51
James Arbuthnot
Steven Baker
Tony Baldry
Jake Berry
Brian Binley
Bob Blackman
Angie Bray
Conor Burns
Alun Cairns
James Clappison
Kenneth Clarke
Geoffrey Clifton-Brown
Damian Collins
Caroline Dinenage
Jonathan Djanogly
George Eustice
Nigel Evans
Michael Fallon
Richard Graham
Dominic Grieve
William Hague
Philip Hammond
Mark Hoban
Nick Hurd
Greg Knight
Eleanor Laing
Jack Lopresti
Patrick Mercer
David Mundell
Sheryll Murray
Andrew Murrison
Sarah Newton
Caroline Nokes
Jesse Norman
Christopher Pincher
Mark Prisk
Mark Reckless
Simon Reevell
David Ruffley
Alok Sharma
Keith Simpson
Nicholas Soames
Mark Spencer
Rory Stewart
Gary Streeter
Graham Stuart
Hugo Swire
Peter Tapsell
Edward Timpson
Andrew Tyrie
Paul Uppal
194
Diane Abbott
Debbie Abrahams
Douglas Alexander
Heidi Alexander
Rushanara Ali
Graham Allen
Jonathan Ashworth
Adrian Bailey
William Bain
Edward Balls
Gordon Banks
Kevin Barron
Hugh Bayley
Margaret Beckett
Anne Begg
Hilary Benn
Luciana Berger
Clive Betts
Roberta Blackman-Woods
Tom Blenkinsop
Paul Blomfield
Ben Bradshaw
Kevin Brennan
Gordon Brown
Lyn Brown
Chris Bryant
Karen Buck
Richard Burden
Andy Burnham
Liam Byrne
Alan Campbell
Martin Caton
Sarah Champion
Jenny Chapman
Katy Clark
Ann Clwyd
Vernon Coaker
Ann Coffey
Yvette Cooper
Jeremy Corbyn
Mary Creagh
Stella Creasy
Jon Cruddas
John Cryer
Jim Cunningham
Margaret Curran
Nicholas Dakin
Simon Danczuk
Alistair Darling
Wayne David
Ian Davidson
Geraint Davies
Gloria De Piero
John Denham
Frank Dobson
Stephen Doughty
Jim Dowd
Gemma Doyle
Jack Dromey
Michael Dugher
Angela Eagle
Maria Eagle
Clive Efford
Julie Elliott
Louise Ellman
Natascha Engel
Bill Esterson
Chris Evans
Paul Farrelly
Frank Field
Jim Fitzpatrick
Caroline Flint
Paul Flynn
Yvonne Fovargue
Hywel Francis
Mike Gapes
Barry Gardiner
Sheila Gilmore
Pat Glass
Kate Green
Lilian Greenwood
Nia Griffith
Andrew Gwynne
David Hamilton
Fabian Hamilton
David Hanson
Tom Harris
John Healey
Mark Hendrick
Stephen Hepburn
Meg Hillier
Julie Hilling
Margaret Hodge
Sharon Hodgson
Kate Hoey
Kelvin Hopkins
George Howarth
Huw Irranca-Davies
Cathy Jamieson
Dan Jarvis
Alan Johnson
Graham Jones
Kevan Jones
Susan Elan Jones
Tessa Jowell
Gerald Kaufman
Barbara Keeley
Liz Kendall
David Lammy
Ian Lavery
Mark Lazarowicz
Chris Leslie
Emma Lewell-Buck
Andrew Love
Fiona Mactaggart
Shabana Mahmood
Seema Malhotra
John Mann
Gordon Marsden
Steve McCabe
Kerry McCarthy
Gregg McClymont
Siobhain McDonagh
Andrew McDonald
Pat McFadden
Alison McGovern
Anne McGuire
Ann McKechin
Iain McKenzie
Catherine McKinnell
Michael Meacher
Alan Meale
Ian Mearns
Ed Miliband
Madeleine Moon
Jessica Morden
Graeme Morrice
Grahame Morris
Meg Munn
Jim Murphy
Ian Murray
Lisa Nandy
Pamela Nash
Fiona O'Donnell
Chi Onwurah
Sandra Osborne
Albert Owen
Teresa Pearce
Toby Perkins
Bridget Phillipson
Yasmin Qureshi
Nick Raynsford
Jamie Reed
Steve Reed
Emma Reynolds
Jonathan Reynolds
Linda Riordan
John Robertson
Geoffrey Robinson
Steve Rotheram
Frank Roy
Lindsay Roy
Chris Ruane
Andy Sawford
Alison Seabeck
Virendra Sharma
Barry Sheerman
Dennis Skinner
Andy Slaughter
Andrew Smith
Nick Smith
Owen Smith
Jack Straw
Graham Stringer
Gisela Stuart
Gerry Sutcliffe
Mark Tami
Gareth Thomas
Emily Thornberry
Karl Turner
Stephen Twigg
Chuka Umunna
Valerie Vaz
Joan Walley
Tom Watson
Alan Whitehead
Chris Williamson
Phil Wilson
David Winnick
Rosie Winterton
Mike Wood
Shaun Woodward
David Wright
Iain Wright
14
Joe Benton
Tom Clarke
Rosie Cooper
David Crausby
Jim Dobbin
Brian H Donohoe
Robert Flello
Mary Glindon
Roger Godsiff
Paul Goggins
George Mudie
Paul Murphy
Stephen Pound
Stephen Timms
–
46
Bob Ainsworth
David Anderson
Ian Austin
Hazel Blears
David Blunkett
Nick Brown
Russell Brown
Ronnie Campbell
Michael Connarty
Alex Cunningham
Tony Cunningham
Thomas Docherty
Frank Doran
Helen Goodman
Tom Greatrex
Peter Hain
Harriet Harman
Dai Havard
David Heyes
Jimmy Hood
Lindsay Hoyle
Tristram Hunt
Glenda Jackson
Siân James
Diana Johnson
Helen Jones
Sadiq Khan
Ivan Lewis
Ian Lucas
Khalid Mahmood
Michael McCann
John McDonnell
Jim McGovern
Andrew Miller
Austin Mitchell
Lucy Powell
Dawn Primarolo
Rachel Reeves
Joan Ruddock
Anas Sarwar
Jim Sheridan
Gavin Shuker
Angela Smith
John Spellar
Jon Trickett
Derek Twigg
43 (+1 teller)
Danny Alexander
Norman Baker
Tom Brake
Annette Brooke
Jeremy Browne
Paul Burstow
Lorely Burt
Vincent Cable
Menzies Campbell
Alistair Carmichael
Nicholas Clegg
Michael Crockart
Edward Davey
Lynne Featherstone
Don Foster
Andrew George
Stephen Gilbert
Duncan Hames
Mike Hancock
Nick Harvey
David Heath
John Hemming
Martin Horwood
Julian Huppert
Charles Kennedy
David Laws
Stephen Lloyd
Michael Moore
Greg Mulholland
Tessa Munt
Alan Reid
Dan Rogerson
Bob Russell
Adrian Sanders
Andrew Stunell
Ian Swales
Jo Swinson
Mike Thornton
John Thurso
Steve Webb
Mark Williams
Roger Williams
Stephen Williams
Simon Wright
4
Alan Beith
Gordon Birtwistle
John Pugh
Sarah Teather
–
9
Malcolm Bruce
Tim Farron
Simon Hughes
Mark Hunter (teller)
Norman Lamb
John Leech
Robert Smith
David Ward
Jennifer Willott
–
–
–
6
Stewart Hosie
Angus MacNeil
Angus Robertson
Mike Weir
Eilidh Whiteford
Pete Wishart
–
8
Gregory Campbell
Nigel Dodds
Jeffrey Donaldson
William McCrea
Ian Paisley Jnr
Jim Shannon
David Simpson
Sammy Wilson
–
–
2
Jonathan Edwards
Elfyn Llwyd
–
–
1
Hywel Williams
1
Caroline Lucas
–
–
–
2
Mark Durkan
Alasdair McDonnell
–
–
1
Margaret Ritchie
–
–
–
1
Naomi Long
–
–
–
1
George Galloway
Independents
–
1
Sylvia Hermon
–
1
Eric Joyce
Total
359 (+2 tellers)
154 (+2 tellers)
7
120
House of Lords
First Reading
The Bill received its First Reading in the House of Lords on 21 May 2013.[20]
Second Reading
The 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 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. 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]
Marriage (Same Sex Couples) Bill – Dear Amendment to reject Second Reading[28]
Party
Votes for (rejects bill)
Votes against (supports bill)
Did Not Vote[table 1]
16
Lord Anderson of Swansea
Lord Brennan
Lord Brooks of Tremorfa
Lord Carter of Coles
Lord Clarke of Hampstead
Lord Davies of Coity
Lord Gordon of Strathblane
Lord Grenfell
Lord Howie of Troon
Lord Kirkhill
Lord Leitch
Lord Morris of Aberavon
Lord Patel of Blackburn
Lord Pendry
Viscount Simon
Lord Temple-Morris
160
Baroness Adams of Craigielea
Lord Adonis
Lord Alli
Baroness Andrews
Baroness Armstrong of Hill Top
Baroness Bakewell
Lord Barnett
Lord Bassam of Brighton
Baron Beecham
–
66
Earl of Arran
Lord Bell
Lord Blencathra
Lord Brougham and Vaux
Baroness Browning
Baroness Byford
Earl Cathcart
Baron Cormack
Baroness Cumberlege
Baroness Eaton
Baroness Eccles of Mouton
Viscount Eccles
Lord Eden of Winton
Lord Edmiston
Lord Elton
Lord Feldman
Lord Flight
Baroness Fookes
Lord Forsyth of Drumlean
Lord Framlingham
Baroness Gardner of Parkes
Lord Geddes
Lord Glenarthur
Lord Griffiths of Fforestfach
Baroness Hooper
Lord Howard of Rising
Lord Hurd of Westwell
Lord James of Blackheath
Baroness Knight of Collingtree
Lord Lawson of Blaby
Lord Leach of Fairford
Earl of Liverpool
Marquess of Lothian
Lord Luke
Lord Lyell
Lord Macfarlane of Bearsden
Lord Mackay of Clashfern
Lord Magan of Castletown
Lord Mancroft
Lord Marlesford
Lord Mawhinney
Lord McColl of Dulwich
Baroness Miller of Hendon
Duke of Montrose
Lord Naseby
Baroness O'Cathain
Baroness Oppenheim-Barnes
Lord Palumbo
Lord Parkinson
Lord Patten
Lord Plumb
Lord Sanderson of Bowden
Lord Sassoon
Baroness Seccombe
Baroness Sharples
Lord Shaw of Northstead
Lord Sheikh
Lord Skelmersdale
Lord Stewartby
Lord Swinfen
Lord Tebbit
Viscount Trenchard
Baroness Trumpington
Viscount Ullswater
Lord Vinson
Lord Waddington
80
63
Lord Ahmad of Wimbledon
Lord Ashcroft
Baroness Berridge
Lord Blackwell
Lord Bowness
Lord Brittan of Spennithorne
Baroness Buscombe
Lord Campbell of Alloway
Lord Carington
Lord Cavendish of Furness
Lord Chadlington
Lord Coe
Lord Crathorne
Lord Denham
Lord Fraser of Carmyllie
Lord Freeman
Viscount Goschen
Lord Grade of Yarmouth
Lord Green of Hurstpierpoint
Lord Hayhoe
Baroness Heyhoe Flint
The Earl of Home
Lord Howe of Aberavon
Lord Howell of Guildford
Lord Inglewood
Baroness James of Holland Park
Lord Kimball
Lord Lamont of Lerwick
Lord Lang of Monkton
The Earl of Lindsay
Lord Lingfield
Lord MacGregor of Pulham Market
Lord MacLaurin of Knebworth
Lord Marland
Lord Montagu of Beaulieu
Lord Moore of Lower Marsh
Lord Moynihan
Lord Northbrook
Lord Patten of Barnes
Baroness Rawlings
Lord Renfrew of Kaimsthorn
Lord Renton of Mount Harry
Lord Ribeiro
Viscount Ridley
Lord Roberts of Conwy
Lord Saatchi
Lord Selkirk of Douglas
Lord Selsdon
Lord Sheppard of Didgemere
The Earl of Shrewsbury
Lord Soulsby of Swaffham Prior
Lord Spicer
Lord Sterling of Plaistow
Lord Strathclyde
Lord Trefgarne
Lord True
Lord Wade of Chorlton
Lord Wakeham
Baroness Warsi
Lord Wei
Lord Wolfson of Aspley Guise
Lord Wolfson of Sunningdale
Lord Young of Graffham
Crossbenchers
46
Viscount Allenby
Lord Butler
Baroness Butler-Sloss
Lord Carey
Lord Carswell
Lord Cobbold
Baroness Cox
Lord Craig
Lord Curry
Lord Dannatt
Lord Dear
Baroness Deech
Lord Eames
Baroness Emerton
Earl of Erroll
Lord Gutherie
Lord Hameed
Lord Hardie
Lord Hylton
Lord Inge
Lord Kilclooney
Lord Lewis
Earl of Listowel
Lord Lloyd
Lord Luce
Earl of Lytton
Countess of Mar
Lord Martin
Baroness Masham
Lord Mawson
Viscount Montgomery
Lord Northbourne
Baroness O'Loan
Lord Palmer
Lord Quirk
Lord Rowe-Beddoe
Lady Saltoun
Earl of Sandwich
Lord Scott
Lord Singh
Viscount Slim
Viscount Tenby
Lord Tombs
Lord Walker
Lord Walpole
Lord Walton
68
–
2
Lord Metheuen
Baroness Nicholson of Winterbourne
73
–
Bishops
9
Bishop of Birmingham
Bishop of Bristol
Archbishop of Canterbury
Bishop of Chester
Bishop of Coventry
Bishop of Exeter
Bishop of Hereford
Bishop of London
Bishop of Winchester
–
15
Bishop of Bath and Wells
Bishop of Derby
Bishop of Gloucester
Bishop of Guildford
Bishop of Lichfield
Bishop of Liverpool
Bishop of Newcastle
Bishop of Norwich
Bishop of Oxford
Bishop of Ripon and Leeds
Bishop of St Edmundsbury and Ipswich
Bishop of Truro
Bishop of Wakefield
Bishop of Worcester
Archbishop of York
Non-affiliated
3
4
–
2
Lord Browne of Belmont
Lord Morrow
–
–
1
Lord Empey
–
–
2
Lord Pearson of Rannoch
Lord Willoughby de Broke
–
–
–
2
–
Independent Labour
1
Lord Stoddart of Swindon
–
–
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
The 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
The 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
The 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
The Queen granted Royal Assent to the Bill on 17 July 2013, thereby becoming the Marriage (Same Sex Couples) Act 2013.[30]
Commencement
17 July 2013: Royal Assent
Sections 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
Date for introduction of same sex marriage in England and Wales
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
The 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
The 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
The 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
The 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
The 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
Same-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.
Recognition of same-sex unions in the British Overseas Territories
After
In 2013 it was reported that the Conservative Party lost an estimated 35-40% of its membership due to the Same Sex Marriage Bill.[35][36]
See also
Timeline of same-sex marriage
Same-sex marriage in the United Kingdom
Marriage and Civil Partnership (Scotland) Act 2014
References
↑"Marriage (Same Sex Couples) Bill". House of Commons. 25 January 2013. https://publications.parliament.uk/pa/bills/cbill/2012-2013/0126/cbill_2012-20130126_en_1.htm. Retrieved 28 January 2013.
↑"Lynne Featherstone MP announces government consultation on equal marriage". lynnefeatherstone.org. 21 September 2011. http://www.lynnefeatherstone.org/2011/09/lynne-featherstone-mp-announces-government-consultation-on-equal-marriage.htm. Retrieved 28 January 2013.
↑"Equal marriage: The Government's response". HM Government. http://www.homeoffice.gov.uk/publications/about-us/consultations/equal-civil-marriage/consultation-response?view=Binary. Retrieved 28 January 2013.
↑"Lib Dem MP Gordon Birtwistle: 'Gay marriage is just not on'". www.pinknews.co.uk. 17 December 2010. http://www.pinknews.co.uk/2012/12/17/lib-dem-mp-gordon-birtwistle-gay-marriage-is-just-not-on/. Retrieved 28 January 2013.
↑"Help Stonewall push for Marriage Equality". Stonewall (charity). http://www.stonewall.org.uk/what_we_do/parliamentary/5714.asp.
↑"Backing equal marriage". Labour Humanists. 28 May 2012. http://www.labourhumanists.org.uk/backing-equal-marriage/. Retrieved 28 January 2013.
↑Miller, Maria (11 December 2012). "Parliamentary statement on equal civil marriage". Department for Culture, Media and Sport. http://www.culture.gov.uk/news/ministers_speeches/9609.aspx. Retrieved 28 January 2013.
↑Wintour, Patrick (11 December 2012). "Gay marriage plans offer 'quadruple lock' for opposed religious groups". The Guardian. https://www.theguardian.com/society/2012/dec/11/gay-marriage-quadruple-lock-religious-groups. Retrieved 25 January 2013.
↑"House of Commons Hansard Debates for 24 January 2013". Houses of Parliament. 24 January 2013. https://publications.parliament.uk/pa/cm201213/cmhansrd/cm130124/debtext/130124-0002.htm#13012438000016. Retrieved 28 January 2013.
↑"Bill stages — Marriage (Same Sex Couples) Bill 2012–13". Houses of Parliament. http://services.parliament.uk/bills/2012-13/marriagesamesexcouplesbill/stages.html. Retrieved 28 January 2013.
↑"Gay marriage: Legislation passes first Commons hurdle". BBC News. https://www.bbc.co.uk/news/uk-politics-21346220. Retrieved 5 February 2013.
↑"MP-by-MP: Gay marriage vote". 5 February 2013. https://www.bbc.com/news/uk-politics-21346694.
↑"Marriage (Same Sex Couples) Bill — 5 Feb 2013 at 18:52". Divisions — 2010–present, Westminster. Public Whip. 6 February 2013. http://www.publicwhip.org.uk/division.php?date=2013-02-05&number=151. 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)". https://publications.parliament.uk/pa/cm201213/cmhansrd/cm130205/debtext/130205-0004.htm#13020569000004.
↑ 15.015.1[1]
↑"House of Commons Public Bill Committee on the Marriage (Same Sex Couples) Bill 2012–13". http://services.parliament.uk/bills/2012-13/marriagesamesexcouplesbill/committees/houseofcommonspublicbillcommitteeonthemarriagesamesexcouplesbill201213.html. Retrieved 20 May 2013.
↑"Parliamentary business for the week beginning Monday 20 May 2013". parliament.uk. 9 May 2013. http://services.parliament.uk/calendar/#!/calendar/Commons/MainChamber/2013/5/20/week.html. Retrieved 9 May 2013.
↑"Gay marriage: Commons passes Cameron's plan". BBC. 21 May 2013. https://www.bbc.co.uk/news/uk-politics-22605011. Retrieved 21 May 2013.
↑"The Public Whip — Marriage (Same Sex Couples) Bill — Third Reading - 21 May 2013 at 18:59". http://www.publicwhip.org.uk/division.php?date=2013-05-21&number=11&display=allpossible.
↑Parliamentary Debates (Hansard). House of Lords. 21 May 2013. col. 834. https://publications.parliament.uk/pa/ld201314/ldhansrd/text/130521-0003.htm#13052195000171.
↑"Forthcoming Business". Government Whips' Office, House of Lords. 22 May 2013. pp. 2, 5, 6. http://www.lordswhips.org.uk/documents/FB 2013 05 22.rev.pdf. Retrieved 22 May 2013.[yes|permanent dead link|dead link}}]
↑ 22.022.1Lords 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. https://www.bbc.co.uk/news/uk-politics-22764954. Retrieved 4 June 2013.
↑ 24.024.124.2Lyall, Sarah (4 June 2013). "Hidebound Chamber Lets Down Its Hair in Gay-Marriage Debate". New York Times. https://www.nytimes.com/2013/06/05/world/europe/house-of-lords-debates-gay-marriage-bill.html. Retrieved 5 June 2013.
↑ 25.025.125.2Simons, Ned (2013-06-04). "Gay Marriage: Lords Overwhelmingly Approve Bill, Crush Opposition". Huffington Post. http://www.huffingtonpost.co.uk/2013/06/04/gay-marriage-house-of-lords-vote_n_3384323.html. Retrieved 5 June 2013.
↑Davies, Madeleine. "Bishops divided as gay-marriage Bill passes in Lords". Church Times. http://www.churchtimes.co.uk/articles/2013/31-may/news/uk/bishops-divided-as-gay-marriage-bill-passes-in-lords. Retrieved 5 June 2013.
↑Dominiczak, Peter; Winnett, Robert; Bingham, John (2013-06-04). "Lords give overwhelming backing to gay marriage". The Telegraph. https://www.telegraph.co.uk/news/politics/10099539/Lords-give-overwhelming-backing-to-gay-marriage.html. Retrieved 5 June 2013.
↑ 29.029.129.2"Bill stages — Marriage (Same Sex Couples) Bill 2012-13 to 2013-14". UK Parliament. 2013. http://services.parliament.uk/bills/2013-14/marriagesamesexcouplesbill/stages.html. Retrieved 26 June 2013.
↑"Same-sex marriage set to enter law later this week". BBC News. 16 July 2013. https://www.bbc.co.uk/news/uk-politics-23338279. Retrieved 16 July 2013.
↑ 32.032.1"First Same Sex weddings to happen from 29 March 2014 (Department for Culture, Media and Sport)". Government of the United Kingdom. 10 December 2013. https://www.gov.uk/government/news/first-same-sex-weddings-to-happen-from-29-march-2014. Retrieved 14 December 2013.
↑"Civil partnerships can be converted to marriages from December". The Guardian. 26 June 2014. https://www.theguardian.com/lifeandstyle/2014/jun/26/civil-partnerships-convert-marriages-december-transgender-same-sex. Retrieved 8 July 2014.
↑"Same-sex weddings to begin in March". BBC News. 10 December 2013. https://www.bbc.co.uk/news/uk-25321353. Retrieved 10 December 2013.