Same-Sex Marriage Bill – Committee Stage, 1st Day

No changes were introduced into the Marriage (Same Sex Couples) Bill during the first day’s Committee stage debate in the House of Lords.  In its consideration of list of marshalled amendments, here, the House agreed Clause 1 and commenced its debate on Clause 2 begun.  The outcome of the debate is summarized below:

Clause 1: Extension of Marriage to same sex couples

Amendment 1:  Lord Hylton and Lord Cormack:

Page 1, line 5, leave out “Marriage” and insert “Union”

Withdrawn

Amendment 2: Lord Mackay of Clashfern

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

Not moved

Amendment 3

Withdrawn from the Marshalled List

Amendment 4: Lord Cormack:

Page 2, line 3, at end insert— “(c) a priest of the Roman Catholic Church in England or Wales.”

Withdrawn

Amendment 5: Lord Mackay of Clashfern

Page 2, line 3, at end insert—

“(6) No person to whom subsection (7) applies may deprive another person of an office or appointment for holding or having publicly expressed the belief that marriage is, or should be, the exclusive union for life of one man and one woman, nor may such a circumstance applying to a candidate for such an office be taken into account as a factor against appointment.

(7) This subsection applies to those making appointments to any public office as defined in section 50(2) of the Equality Act 2010 or any appointment made by a person who is specified in Schedule 19 to that Act or any person exercising a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

(8) A breach of subsection (6) may confer a cause of action at private or public law.”

Withdrawn

Amendment 6: Lord Morrow

Page 2, line 3, at end insert—

“(6) Within three months of the passing of this Act the Secretary of State must, by order or regulations, create a statutory list of religious bodies owning or controlling premises who notify him that they do not wish to be eligible to undertake an opt-in activity for the purposes of section 2.

(7) Any body listed in the statutory list created by subsection (6) may not undertake an opt-in activity for the purposes of section 2.

(8) The Secretary of State must, by order or regulations, amend the statutory list in subsection (6) if any body notifies him that they wish to be included or removed.”

Withdrawn

Clause 1 agreed

Clause 2: Marriage according to religious rites: no compulsion to solemnize etc

Amendment 7: Lord Dear

Insert the following new Clause—

“Protecting belief in traditional marriage

Any person, in exercising functions under or in consequence of this Act, shall have regard to the following—

(a) that prior to the coming into force of this Act, marriage was the union of one man and one woman for life to the exclusion of all others (“traditional marriage”);

(b) that belief in traditional marriage is a belief worthy of respect in a democratic society;

(c) that no person should suffer any detriment because of their belief in traditional marriage.”

 Not moved

Amendment 8: Lord Dear

Insert the following new Clause—

“Protecting belief in traditional marriage: public authorities

(1) A public authority, or any person exercising a public function, shall have regard to the following—

(a) that prior to the coming into force of this Act, marriage was the union of one man and one woman for life to the exclusion of all others (“traditional marriage”);

(b) that belief in traditional marriage is a belief worthy of respect in a
democratic society;

(c) that no person should suffer any detriment because of their belief in traditional marriage.

(2) In this section, a public authority is a person who is specified in Schedule 19 to the Equality Act 2010, and a public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998.”

Not moved

Amendment 9: Lord Carey of Clifton, Lord Dear

Insert the following new Clause—

“Right to choose basis of marriage

(1) Nothing in this Act takes away the right of a man and woman to enter a traditional marriage.

(2) A “traditional marriage” is one where the basis of the marriage is the voluntary union of one man and one woman for life, to the exclusion of all others.

(3) A traditional marriage may be solemnized in accordance with—

(a) Part 2 of the Marriage Act 1949, or

(b) any other statutory provision authorising the marriage, provided the ceremony contains a declaration by the parties in the following form, or words to that effect— “I [name] take you [name] as my husband [or wife], and forsaking all others, promise to remain faithful to you as long as we both shall live.”

(4) The Registrar General shall maintain a public register of those whose marriages have been solemnized in accordance with subsection (3) and who notify the Registrar General of their wish to be included in it.”

Not moved

Amendment 10: Lord Dear

Page 2, line 13, at end insert “or ( ) to express agreement with a relevant marriage,”

Withdrawn

Amendment 11: Baroness Cumberlege, The Lord Bishop of Leicester

Page 3, leave out lines 21 and 22

Withdrawn

Amendment 11A: Lord Elton

Page 3, line 21, leave out “a registrar, a superintendent registrar or

Not moved

Amendment 12: Lord Dear

Page 4, line 4, at end insert “or( )   expresses disagreement with a relevant marriage,”

Not moved

The debate continues on Wednesday 20th June, for which there is now a revised second list of marshalled amendments, here.

2 thoughts on “Same-Sex Marriage Bill – Committee Stage, 1st Day

  1. Pingback: Clarifications from withdrawn amendments, Same Sex Marriage Bill, Day 1 | Law & Religion UK

  2. Pingback: Religion and law round up – 23rd June | Law & Religion UK

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