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. 51In 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Although Amendment 46A was withdrawn, it is likely that these issues will be discussed at the Report Stage which is scheduled for 8th and 10th July.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Withdrawn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Withdrawn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

Not moved

Schedule 5

Agreed

Clause 13

Agreed

Schedule 6

Agreed

Clause 14 : Review of civil partnership

Amendment 46A

Withdrawn.

Clause 14 agreed

Amendment 46B

Withdrawn

Amendment 46C

Withdrawn.

Amendment 46D

Not moved

Amendment 47

Withdrawn

Amendment 48

Withdrawn

Amendment 48A

Withdrawn

Clause 15 agreed

Schedule 7 : Transitional and consequential provision etc

Amendments 49 to 53

Agreed

Amendment 54

Not moved

Amendment 55

Withdrawn

Amendment 56

Withdrawn

Amendment 56A

Withdrawn

Schedule 7, as amended, agreed

Clause 16 : Orders and regulations

Amendment 57

Not moved

Amendment 58

Amendment 58 agreed.

Clause 16, as amended, agreed.

Clauses 17 and 18 agreed

Clause 19 : Short title and commencement

Amendment 59

Not moved.

Clause 19 agreed.

Bill reported with amendments

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