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]
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. |
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Citation | 2013 c. 30 |
Introduced by | Maria Miller, Secretary of State for Culture, Media and Sport and Minister for Women and Equalities (Commons) Baroness Stowell of Beeston, Baroness-in-Waiting (Lords) |
Territorial extent | Mainly England and Wales, but some sections apply to Northern Ireland and Scotland. (see Section 20(2) and 20(3)) |
Dates | |
Royal assent | 17 July 2013 |
Commencement | Between 17 July 2013 and 10 December 2014 |
Other legislation | |
Amends | |
Repeals/revokes | Foreign Marriage Act 1892 (in England, Wales and Scotland) |
Amended by |
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Status: Current legislation | |
History of passage through Parliament | |
Text of statute as originally enacted |
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.
Provision(s) | Effect | Status |
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Section 1 |
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Fully in force (since 13 March 2014). |
Section 2 |
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Fully in force (since 13 March 2014). |
Section 3 |
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Fully in force (since 13 March 2014). |
Section 4 and Schedule 1. |
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Fully in force (since 13 March 2014). |
Section 5 |
|
Fully in force (since 13 March 2014). |
Section 6 |
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Fully in force (since 3 June 2014). |
Section 7 |
|
Fully in force (since 13 March 2014). |
Section 8 |
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Fully in force (since 13 March 2014). |
Section 9 |
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Fully in force (since 10 December 2014). |
Section 10 and Schedule 2 |
|
Fully in force (since 13 March 2014). |
Section 11 and Schedules 3 and 4 |
|
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 |
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Fully in force (since 10 December 2014). |
Section 13 and Schedule 6 |
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Fully in force (since 3 June 2014). |
Section 14 |
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Fully in force (since 31 October 2013). |
Section 15 |
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Fully in force (since 17 July 2013). |
Section 16 |
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Fully in force (since 17 July 2013). |
Section 17 and Schedule 7 |
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Fully in force (since 17 July 2013) with some exceptions. |
Section 18 |
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Fully in force (since 31 October 2013). |
Section 19 |
|
Fully in force (since 31 October 2013). |
Section 20 |
|
Fully in force (since 31 October 2013). |
Section 21 |
|
Fully in force (since 17 July 2013). |
The Bill received its First Reading on 24 January 2013.[9]
The Bill received its Second Reading on 5 February 2013,[10] passing by a large majority of 400 to 175.[11]
The SNP did not vote, as the Bill largely applies to England and Wales only.[citation needed]
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.[14]
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.[15]
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.[15]
Members of the Public Bill Committee included:[16]
The Bill was examined by the House of Commons as a whole during the Report Stage on 20 and 21 May 2013.[17] 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.[18]
The Bill received its First Reading in the House of Lords on 21 May 2013.[20]
The Bill passed its Second Reading in the House of Lords on 3 and 4 June 2013,[21] after a vote of 390 (72%) votes to 148 (28%) rejected a wrecking amendment that would have denied it a second reading.[22][23] The bill was supported (and the amendment rejected) by a majority from nearly every party having representation in the House.[22]
The House of Lords – whose members at the time averaged an age of 69[24] – 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.
I beg to move, as an amendment to the motion “That the bill be now read a second time”, to leave out from “that” to the end and insert “this House declines to give the bill a second reading”.
— The wrecking amendment moved by Lord Dear
Speakers opposed to the bill described it as a breach of tradition, undemocratic, against religion, and ill thought out.[25] 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.[24] Nine of the 14 Anglican bishops attending voted for the amendment and five abstained.[26]
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",[24] "crush[ing]"[25] and "overwhelming".[25][27]
Party | Votes for (rejects bill) |
Votes against (supports bill) |
Did Not Vote[table 1] | |
---|---|---|---|---|
Labour | 160
|
– | ||
Conservative | 66
|
80
|
63
| |
Crossbenchers | 46
|
68
|
– | |
Liberal Democrats | 73
|
– | ||
Bishops | – | |||
Non-affiliated | 3
|
4
|
– | |
DUP | – | – | ||
Ulster Unionist | 1 |
– | – | |
UKIP | – | – | ||
Plaid Cymru | – | 2
|
– | |
Independent Labour | – | – | ||
Independent Liberal Democrat | – | 2
|
– | |
Total | 148 | 390 | 78 |
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:
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:
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.
On 17 July 2013, the Bill was granted Royal Assent by Queen Elizabeth II, thereby becoming the Marriage (Same Sex Couples) Act 2013.[30]
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.
The Marriage (Same Sex Couples) Act 2013 (Commencement No. 1) Order 2013 brought into force various provisions of the Act on 31 October 2013:
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:
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:
The first same-sex marriages took place on 29 March 2014.[34]
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:
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).
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.
In 2013 it was reported that the Conservative Party lost an estimated 35-40% of its membership due to the Same Sex Marriage Bill.[35][36]
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