Marriage (Same Sex Couples) Act 2013


The Marriage Act 2013 is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales.

Background

s 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. 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". The Marriage 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.
The Bill was welcomed by many, including the gay rights campaigning group Stonewall. The organisation Labour Humanists said there was "no credible ethical reason" to oppose gay marriage and Minister for Women and Equalities, Maria Miller, told the House of Commons that the proposals "will strengthen, not weaken" the institution of marriage.
The Bill included a "quadruple lock" to safeguard religious organisations from being forced to conduct same sex marriages.

Summary of the Act

ProvisionEffectStatus
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.
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.
    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.
    Section 4 and Schedule 1.
  • Sets out the procedure by which religious organisations can "opt in" to solemnise same-sex marriages in religious buildings.
    		• Fully in force.
    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 can solemnise same-sex marriages where one or both of the same-sex couple is house-bound or detained.
    		• Fully in force.
    Section 6
  • Sets out the procedure by which same-sex marriages may be solemnised in naval, military and air force chapels.
    		• Fully in force.
    Section 7
  • Amends the Marriage 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.
    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.
    Section 9
  • Sets out the procedure by which couples in a civil partnership can convert their civil partnership into a marriage.
    		• Fully in force.
    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.
    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. Schedule 4 almost entirely in force 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.
    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.
    Section 14
  • Requires the government to arrange for a review of whether secondary legislation should be made which would permit belief-based organisations 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.
    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.
    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.
    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 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 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 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.
    Section 19
  • Defines various expressions used in the Act.
    		• Fully in force.
    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.
    Section 21
  • Sets out the short title of the Act: the Marriage Act 2013.
  • Brings into force sections 15, 16 and 21 on the date on which the Act comes is passed and the rest when the Lord Chancellor or Secretary of State appoints.
    		• Fully in force.

    Parliamentary Passage

    House of Commons

    First Reading

    The Bill received its First Reading on 24 January 2013.

    Second Reading

    The Bill received its Second Reading on 5 February 2013, passing by a large majority of 400 to 175.
    of the Bill, 5 February 2013.
    The SNP did not vote, as the Bill largely applies to England and Wales only.

    Committee Stage

    The Bill was examined by the Marriage 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.
    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.
    On 14 February 2013, the Committee heard evidence from the Religious Society of Friends, 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:

    Report Stage

    The Bill was examined by the House of Commons as a whole during the Report Stage on 20 and 21 May 2013. During the Report Stage, a number of amendments were made to the Bill:
    The Bill received its Third Reading in the House of Commons on 21 May 2013, passing with a majority of 366 to 161.

    House of Lords

    First Reading

    The Bill received its First Reading in the House of Lords on 21 May 2013.

    Second Reading

    The Bill passed its Second Reading in the House of Lords on 3 and 4 June 2013, after a vote of 390 votes to 148 rejected a wrecking amendment that would have denied it a second reading. The bill was supported by a majority from every party having representation in the House.
    The House of Lords – whose members at the time averaged an age of 69 – 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. Supporters of the bill included peers who were themselves in long-term same-sex relationships, 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.
    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" and "overwhelming".

    Committee Stage

    The Bill underwent its Committee Stage in the House of Lords on 17, 19 and 24 June 2013. A number of government amendments to the Bill were agreed during the Committee Stage:
    The Bill underwent its Report Stage in the House of Lords on 8 and 10 July 2013. A number of government amendments to the Bill were agreed during the Report Stage:
    The Bill had its Third Reading on 15 July 2013, and was passed by a simple voice vote.
    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 Act 2013.

    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 Act 2013 Order 2013 brought into force various provisions of the Act on 31 October 2013:
    The Marriage Act 2013 Order 2014 brought into force a number of provisions for the purposes of making secondary legislation on 21 January 2014:
    The Marriage Act 2013 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. 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. The provisions which came into force on 13 March 2014 were:
    The first same-sex marriages took place on 29 March 2014.

    3 June 2014: Marriage in British Consulates in Armed Forces Bases Overseas and in Military Chapels

    The Marriage Act 2013 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. The provisions which came into force on 3 June 2014 were:
    The Marriage Act 2013 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 and for individuals in a marriage or a civil partnership to change their gender without first needing to divorce or dissolve the civil partnership.

    UK Crown Dependencies and Territories

    Same-sex marriage is legal within Bermuda, Cayman Islands, Isle of Man, Indian Ocean Territory, British Antarctic Territory, Akrotiri and Dhekelia, Saint Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands, Gibraltar, Channel Islands, Pitcairn Islands and the Falkland Islands.
    In 2013 it was reported that the Conservative Party lost an estimated 35-40% of its membership due to the Same Sex Marriage Bill.