Overview

These Lords Amendments to the Marriage (Same Sex Couples) Bill aim to clarify aspects of same-sex marriage legislation, address concerns regarding religious organizations and pension schemes, and introduce a review process for survivor benefits. Key changes include amendments to registration processes, provisions for belief organizations and occupational pension scheme survivor benefits, and clarifying the law surrounding the validity of marriages.

Description

The amendments make several key changes:

• Clause 2: Clarifies that individuals cannot be compelled into same-sex marriage through legal means, such as contracts.
• Clause 5: Specifies which religious authorities can authorize same-sex marriages within their own faith communities, focusing on Jewish denominations (Reform and Liberal Judaism).
• Clause 9: Transfers responsibility for certain marriage registration matters from the Registrar General to the Secretary of State.
• New Clause (Marriage according to the usages of belief organisations): Mandates a review into allowing non-religious belief organizations to conduct marriage ceremonies using superintendent registrar certificates but prohibits religious services.
• New Clause (Survivor benefits under occupational pension schemes): Requires a review into differences in survivor benefits between same-sex and opposite-sex couples under occupational pension schemes, with the possibility of future legislative changes to eliminate or reduce such disparities.
• Clause 16 and Schedule 1: Makes changes to the responsibilities of the Secretary of State and Lord Chancellor regarding regulations and administrative processes.
• Schedule 3: Clarifies the process of marriage validation.
• Schedule 4: Adds clarity to "declarations of validity" related to marriages and divorce.
• Schedule 5: Amends the Gender Recognition Act 2004, providing alternative grounds for granting gender recognition certificates, primarily benefiting individuals who were in a protected marriage or civil partnership before the introduction of same sex marriage and meets other conditions.
• Schedule 6: Addresses the solemnization of same-sex marriages within the armed forces, providing for the possibility of allowing it under certain religious rites but excluding the Church of England and Church in Wales.
• Schedule 7: Amends the law concerning void marriages, including adding provisions related to same-sex couples.

Government Spending

The amendments don't directly specify new government spending figures. However, the reviews mandated regarding pension schemes and religious organizations could incur costs associated with research, consultation, and potential future legislative changes. The exact financial implications are not explicitly stated.

Groups Affected

The amendments affect several groups:

• Same-sex couples: The bill directly impacts their ability to marry and receive equal survivor benefits.
• Religious organizations: The amendments clarify the roles of various religious bodies in officiating same-sex marriages. Some religious bodies will have to decide whether to officiate and what their practices will be.
• Pension scheme members: Survivor benefits under occupational pension schemes could potentially be equalized as a result of the review.
• Transgender individuals: Schedule 5 introduces alternative pathways to gender recognition certificates for transgender individuals who were married or in a civil partnership before the legalisation of same sex marriage.
• Government agencies: Responsibilities are shifted between government departments (e.g., from Registrar General to the Secretary of State).

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