Marriage (Same Sex Couples) Act 2013 Explained

Short Title:Marriage (Same Sex Couples) Act 2013
Parliament:Parliament of the United Kingdom
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.
Year:2013
Statute Book Chapter:2013 c. 30
Introduced Commons:Maria Miller, Secretary of State for Culture, Media and Sport and Minister for Women and Equalities
Introduced Lords:Baroness Stowell of Beeston, Baroness-in-Waiting
Territorial Extent:Mainly England and Wales, but some sections apply to Northern Ireland and Scotland. (see Section 20(2) and 20(3))
Royal Assent:17 July 2013
Commencement:Between 17 July 2013 and 10 December 2014
Amendments:
Replaces:Foreign Marriage Act 1892 (in England, Wales and Scotland)
Amends:
Status:Current
Original Text:http://www.legislation.gov.uk/ukpga/2013/30/contents/enacted
Legislation History:http://services.parliament.uk/bills/2013-14/marriagesamesexcouplesbill/stages.html

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]

Background

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
Independents
Total 395 (+2 tellers) 170 (+2 tellers) 5 74

The SNP did not vote, as the Bill largely applies to England and Wales only.

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.[13]

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.[14]

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.

Members of the Public Bill Committee included:[15]

MemberPartyConstituency
Jimmy Hood MP (Chair)LabourLanark and Hamilton East
Gary Streeter MP (Chair)ConservativeSouth West Devon
Stuart Andrew MPConservativePudsey
Ben Bradshaw MPLabourExeter
Chris Bryant MPLabourRhondda
David Burrowes MPConservativeEnfield Southgate
Stephen Doughty MPLabourCardiff South and Penarth
Jane Ellison MPConservativeBattersea
Steve Gilbert MPLiberal DemocratSt Austell and Newquay
Helen Grant MPConservativeMaidstone and The Weald
Kate Green MPLabourStretford and Urmston
Simon Kirby MPConservativeBrighton Kemptown
Kwasi Kwarteng MPConservativeSpelthorne
Tim Loughton MPConservativeEast Worthing and Shoreham
Siobhain McDonagh MPLabourMitcham and Morden
Alison McGovern MPLabourWirral South
Jonathan Reynolds MPLabour Co-opStalybridge and Hyde
Hugh Robertson MPConservativeFaversham and Mid Kent
Jim Shannon MPDemocratic Unionist PartyStrangford
Desmond Swayne MPConservativeNew Forest West
Stephen Williams MPLiberal DemocratBristol West

Report stage

The Bill was examined by the House of Commons as a whole during the Report Stage on 20 and 21 May 2013.[16] During the Report Stage, a number of amendments were made to the Bill:

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.[17]

Marriage (Same Sex Couples) Bill – Third Reading[18]
Party Votes for Votes against Both (Registered abstentions) Did Not Vote
Independents
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.[19]

Second reading

The Bill passed its Second Reading in the House of Lords on 3 and 4 June 2013,[20] after a vote of 390 (72%) votes to 148 (28%) rejected a wrecking amendment that would have denied it a second reading.[21] [22] The bill was supported (and the amendment rejected) by a majority from nearly every party having representation in the House.

The House of Lords – whose members at the time averaged an age of 69[23] – 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.[24] 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. Nine of the 14 Anglican bishops attending voted for the amendment and five abstained.[25]

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", "crush[ing]" and "overwhelming".[26]

Marriage (Same Sex Couples) Bill – Dear Amendment to reject Second Reading[27]
Party Votes for
(rejects bill)
Votes against
(supports bill)
Did Not Vote[28]
Crossbenchers
Bishops
Non-affiliated
Independent Labour
Independent Liberal Democrat
Total 148 390 78

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:

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:

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

On 17 July 2013, the Bill was granted Royal Assent by Queen Elizabeth II, 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

The Marriage (Same Sex Couples) Act 2013 (Commencement No. 1) Order 2013 brought into force various provisions of the Act on 31 October 2013:

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:

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:

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:

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.

Aftermath

In 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

External links

Notes and References

  1. Web site: Marriage (Same Sex Couples) Bill. House of Commons. 25 January 2013. 28 January 2013.
  2. Web site: Lynne Featherstone MP announces government consultation on equal marriage. lynnefeatherstone.org. 21 September 2011. 28 January 2013.
  3. Web site: Equal marriage: The Government's response. HM Government. 28 January 2013.
  4. News: Lib Dem MP Gordon Birtwistle: 'Gay marriage is just not on'. pinknews.co.uk. 17 December 2010. 28 January 2013.
  5. Web site: Help Stonewall push for Marriage Equality. 6 September 2017 . Stonewall (charity).
  6. Web site: Backing equal marriage. Labour Humanists. 28 May 2012. 28 January 2013. https://web.archive.org/web/20130330103340/http://www.labourhumanists.org.uk/backing-equal-marriage/. 30 March 2013. dead.
  7. Web site: Parliamentary statement on equal civil marriage. Maria. Miller. Department for Culture, Media and Sport. 11 December 2012. 28 January 2013.
  8. News: Gay marriage plans offer 'quadruple lock' for opposed religious groups. The Guardian. Patrick. Wintour. 11 December 2012. 25 January 2013.
  9. Web site: House of Commons Hansard Debates for 24 January 2013. Houses of Parliament. 24 January 2013. 28 January 2013.
  10. Web site: Bill stages — Marriage (Same Sex Couples) Bill 2012–13. Houses of Parliament. 28 January 2013.
  11. News: Gay marriage: Legislation passes first Commons hurdle. 5 February 2013. BBC News. 5 February 2013.
  12. News: MP-by-MP: Gay marriage vote. BBC News. 5 February 2013.
  13. Web site: House of Commons Hansard Debates for 05 Feb 2013 (pt 0004). Department of the Official Report (Hansard), House of Commons. Westminster. publications.parliament.uk.
  14. Web site: Marriage (Same Sex Couples) Bill . 12 February 2013 . house of Commons . 12 June 2021.
  15. Web site: House of Commons Public Bill Committee on the Marriage (Same Sex Couples) Bill 2012–13 . 20 May 2013 .
  16. Web site: Parliamentary business for the week beginning Monday 20 May 2013. parliament.uk. 9 May 2013. 9 May 2013.
  17. News: Gay marriage: Commons passes Cameron's plan . BBC . 21 May 2013 . 21 May 2013 .
  18. Web site: The Public Whip — Marriage (Same Sex Couples) Bill — Third Reading – 21 May 2013 at 18:59. publicwhip.org.uk.
  19. Web site: Marriage (Same Sex Couples) Bill . House of Lords . 21 May 2013 . 834 . 12 June 2021.
  20. Web site: Forthcoming Business . Government Whips' Office, House of Lords . 22 May 2013 . 22 May 2013 . 2, 5, 6 .
  21. http://www.parliament.uk/Templates/LordsDivisions/Pages/LordsDivisions.aspx?id=51023&epslanguage=en&date=2013-Jun-04&itemId=1&session=2012-May-09 Lords Divisions results, 4 June 2013, Division 1, Marriage (Same Sex Couples) Bill
  22. News: Gay marriage bill: Peers back government plans. BBC News Online. 4 June 2013. 4 June 2013.
  23. News: Lyall. Sarah. Hidebound Chamber Lets Down Its Hair in Gay-Marriage Debate. 5 June 2013. The New York Times. 4 June 2013.
  24. News: Simons. Ned. Gay Marriage: Lords Overwhelmingly Approve Bill, Crush Opposition. 5 June 2013. HuffPost. 2013-06-04.
  25. Web site: Davies. Madeleine. Bishops divided as gay-marriage Bill passes in Lords. Church Times. 5 June 2013.
  26. News: Peter . Dominiczak . Robert . Winnett . John . Bingham. Lords give overwhelming backing to gay marriage. 5 June 2013. The Daily Telegraph. 2013-06-04.
  27. Web site: Lords Divisions results, 4 June 2013, Division 1, Marriage (Same Sex Couples) Bill.
  28. Note: this figure does not include peers that are deceased, have been granted a leave of absence or have been disqualified.
  29. News: Bill stages — Marriage (Same Sex Couples) Bill 2012–13 to 2013–14 . UK Parliament . 26 June 2013 . 2013 .
  30. News: BBC News. Same-sex marriage set to enter law later this week . 16 July 2013. 16 July 2013 .
  31. Web site: Marriage (Same Sex Couples) Act: A factsheet . January 2014 . Government Equalities Office . 12 June 2021.
  32. News: Government of the United Kingdom. First Same Sex weddings to happen from 29 March 2014 (Department for Culture, Media and Sport) . 10 December 2013. 14 December 2013 .
  33. News: The Guardian. Civil partnerships can be converted to marriages from December . 26 June 2014. 8 July 2014 .
  34. News: BBC News. Same-sex weddings to begin in March . 10 December 2013. 10 December 2013 .
  35. Web site: Statement on average age and analysis of Conservative Party Membership (2019) The Bow Group. dead. https://web.archive.org/web/20190117122345/http://www.bowgroup.org/policy/statement-average-age-and-analysis-conservative-party-membership-2019. 2019-01-17. Web site: Statement on average age and analysis of Conservative Party Membership (2019) | the Bow Group . 21 July 2019 . 21 July 2019 . https://web.archive.org/web/20190721043840/https://www.bowgroup.org/policy/statement-average-age-and-analysis-conservative-party-membership-2019 . dead .
  36. Web site: Who are Britain's Conservatives? . Brownsell . James . 20 July 2019 . Al Jazeera. 12 June 2021.