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by Munro Research

Marriage (Same Sex Couples) Act 2013


Official Summary

A Bill 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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Overview

These Lords Amendments to the Marriage (Same Sex Couples) Bill primarily focus on clarifying legal definitions surrounding same-sex marriage, addressing concerns about religious organizations and pension schemes, and introducing reviews into specific areas. Amendments also include provisions relating to gender recognition certificates.

Description

Clarification of Legal Definitions:

Amendments clarify the meaning of "compelled" in relation to religious objections to same-sex marriage, specifying that it includes legal requirements. The amendments also specify which religious authorities can register same-sex marriages.

Religious Organizations:

A new clause mandates a review into allowing marriages according to the usages of non-religious belief organizations, to be solemnized using superintendent registrar certificates, before January 1st, 2015. The review must include public consultation and specify that no religious service can be used.

Pension Schemes:

A review of survivor benefits under occupational pension schemes is mandated, examining differences between same-sex and opposite-sex couples' benefits and the costs of equalizing them. A report is due by July 1st, 2014, with potential for subsequent legislative changes.

Gender Recognition:

Amendments introduce alternative grounds for granting gender recognition certificates, allowing individuals who were in a protected marriage or civil partnership before the application to qualify under certain conditions, including living in their acquired gender for at least six years before the Act's commencement.

Other Amendments:

Various other amendments clarify administrative procedures, the role of the Secretary of State, and parliamentary scrutiny of regulations. Specific amendments are made to legislation concerning void marriages, and the Public Order Act 1986 to protect freedom of expression concerning marriage.

Government Spending

The amendments introduce costs associated with the reviews of belief organizations' marriage practices and pension scheme survivor benefits. Further costs may arise from legislative changes arising from these reviews. No specific figures are provided in the bill text.

Groups Affected

  • Religious Organizations: Impact depends on the outcomes of the mandated reviews; potential for greater involvement in registering same-sex marriages for some, but with limitations on religious services.
  • Same-sex Couples: Benefits from the legalization of same-sex marriage, but potential impact on pension schemes will be determined by the review.
  • Opposite-sex Couples: Potential impact on pension schemes, depending on the outcome of the review on survivor benefits.
  • Individuals Seeking Gender Recognition: The introduction of alternative grounds for gender recognition certificates expands eligibility.
  • Government Departments: Responsible for conducting reviews and implementing resulting legislation; associated administrative and financial costs.
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