Same Sex Marriage Bill – Committee, 3rd Day Summary

On the third day of the Committee Stage of the Marriage (Same Sex Couples) Bill, the House of Lords debated the Third Marshalled List of Amendments, and Government Amendments 49 to 53, and 58 were agreed.

An item of legal interest is the discussion on Amendment 46A concerning the two elderly sisters, Joyce and Sybil Burden, who were unsuccessful in their bid to be treated as civil partners in relation to inheritance taxation, Burden and another v United Kingdom Application No. 13378/05, (2007) 44 E.H.R.R. 51. In the subsequent discussion, Lord Mackay of Clashfern made the interesting observation [24 June Col. 537]

“It is important to remember that this Bill is not about gay marriage but same-sex marriage. As I pointed out, and I invited correction—so far I have not been corrected—it includes platonic relations between people of the same sex. Therefore, the idea that sexual relationships are fundamental to it is a mistake.”

Although Amendment 46A was withdrawn, it is likely that these issues will be discussed at the Report Stage which is scheduled for 8^th and 10^th July.

Links to Monday’s debate and a summary of the outcome are given below, and a more detailed analysis of all three days of the Committee Stage will follow.

Schedule 4: Effect of extension of marriage: further provision

Amendment 45

Withdrawn

Schedule 4, as amended, agreed.

Amendment 46

Not moved

Clause 12

Agreed

Schedule 5 : Change of gender of married persons or civil partners

Amendment 46ZA

Withdrawn

Amendments 46ZB to 46ZG