Marriage (Same Sex Couples) Act 2013

The Marriage (Same Sex Couples) Bill is a bill currently before the Parliament of the United Kingdom. which would allow same-sex marriage in England and Wales.

On 5 February 2013, the bill passed its second reading in the House of Commons, 400 votes to 175. On 21 May 2013, the bill passed its third and final reading in the House of Commons by a majority of 205, 366 votes to 161. On 4 June 2013, the bill passed its second reading in the House of Lords, after a vote of 390 votes to 148 rejected a wrecking amendment that would have denied it a second reading.

Background

The Government's equal marriage promotion

In September 2011, Liberal Democrat Parliamentary Under-Secretary for Equalities, Lynne Featherstone, announced that the Government of the United Kingdom would launch a consultation in March 2012 on how to introduce civil marriage for same sex couples. The consultation closed in June 2012 and, in December 2012, the new Minister for Women and Equalities, Maria Miller, announced 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 Bill was introduced into Parliament on 24 January 2013. The leaders of the three main political parties in the United Kingdom have given their MPs a free vote on the legislation, meaning they will not be whipped to vote in favour 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 Secretary of State for Culture, Media and Sport, Maria Miller, who is also Maria Miller told the House of Commons that the proposals "will strengthen, not weaken" the institution of marriage.

The proposed legislation has been proven controversial. In December 2012, the Right Reverend Mark Davies used his Christmas sermon to link the Bill to how he considered "Nazis and Communists undermined faith". Concerns about the teaching of same sex marriage or same sex relationships in school were highlighted by Minister for Faith Baroness Warsi. The campaign director of lobby group Coalition for Marriage, which opposes same-sex marriage, labelled the legislation "appalling".

When the Bill was introduced, the Conservative MP for Hendon, Matthew Offord asked if "other forms of marriage, such as polygamy" would be introduced as a result of the same-sex marriage plans, although the Government has said that this "would not be possible". Edward Leigh, Conservative MP for Gainsborough accused the government of attempting to "redefine" marriage and Labour MP Austin Mitchell tweeted that gay marriage was "neither urgent nor important".

The Bill is notable for its "quadruple lock" to safeguard religious organisations from being forced to conduct gay marriage ceremonies, however The Right Reverend Tim Stevens, Bishop of Leicester has called marriage between a man and a woman "a social institution which predates both church and state" and suggested that "the absence of overwhelming public consensus for change ought to give pause for thought", despite the fact that the "quadruple lock" would not permit the Church of England or the Church in Wales to conduct same sex marriages, without expressly confirming that they wished to do so.

Summary of Bill

Part 1: Marriage of Same Sex Couples in England and Wales

Clause 1 provides that "Marriage of same sex couples is lawful" but that a marriage between a same sex couples may only be solemnised in accordance with:

• Part 3 of the Marriage Act 1949 (which allows civil marriage ceremonies in register offices or on approved premises such as hotels; and, if the relevant religious organisation has opted in to marry same sex couples, marriages in religious buildings (except those of the Church of England or Church in Wales), or according to the usages of the Jews or Quakers, and for certain marriages for detained or house-bound persons);
• Part 5 of the Marriage Act 1949 (marriages in naval, military, and air force chapels);
• The Marriage (Registrar General’s Licence) Act 1970 ("deathbed" marriages outside registered premises); and
• An Order in Council made under Part 1 or 3 of Schedule 6 of the Act (marriages overseas in the presence of a consular officer or marriages overseas of armed forces personnel).

Clause 1 also provides that the Act would not affect the consistency of the Canon of the Church of England with section 3 of the Submission of the Clergy Act 1533 (which provides that no Canons shall be contrary to the Royal Prerogative or the customs, laws or statutes of the United Kingdom), and that it would neither impose any duty on a member of the clergy to solemnise same sex marriages, nor provide for any right of persons to have same sex marriages solemnised by members of the clergy.

Clause 2 provides for a number of protections for religious organisations:

• No person could be compelled to opt in to any involvement in same sex marriages, or from opting out of any involvement in same sex marriages (clause 2 also defines what are opt in and opt-out activities);
• No person could be compelled to conduct a same sex marriage; be present at, carry out, or otherwise participate in, a same sex marriage; or consent to a relevant marriage being conducted;
• The Equality Act 2010 would be amended to prevent discrimination claims under the Act from being brought against people who refuse to do any of the activities referred to above.

Clause 3 amends section 26 of the Marriage Act 1949 to authorise civil same sex marriages and without any opting in necessary. The revised section 26 will therefore authorise:

• 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, for example, a hotel or other approved premises;
• religious marriages for opposite sex couples by the Quakers or the Jewish religion;
• marriages 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.

Clause 4 and Schedule 1 insert a new section 26A into the Marriage Act 1949 which would allow religious organisations to opt in to performing same sex marriages. The religious organisation would have to apply to the Registrar General for a building certified as a place of religious worship to be registered as authorised to solemnise same sex marriage. If the necessary conditions are met, the Registrar General would then have to register the building. The Church of England and the Church of Wales would not, however, be allowed to opt in under this provision, although the Church in Wales would be able to conduct same sex marriages under clause 8.

Clause 5 inserts a new section 26B to the Marriage Act 1949 which would allow for religious same sex marriages to take place without any opt in necessary in certain circumstances:

• Marriages in accordance with the religious practices of Quakers, as long as the recording clerk of the Society of Friends in London has consented to marriages of same sex couples;
• Marriages in Jewish religious ceremony, as long as the relevant governing authority has consented to marriages of same sex couples (the relevant governing authority would be the person or persons designated as such by the secretary of the synagogue); and
• Marriages for all religions, except the Church of England and Church in Wales, where one or both of the same sex couples is house-bound or detained, and the relevant governing authority has given consent to same sex marriages.

Clause 6 amends Part 5 of the Marriage Act 1949 to permit same sex marriages in naval, military and air force chapels. Under Part 5, a marriage may take place in such a chapel which has been licensed for the solemnisation of marriages according to the rites of the Church of England or the Church in Wales, or registered for the solemnisation of other marriages. Clause 6 also amends Part 5 allow for the registration of military chapels for the solemnisation of marriages of same sex couples, with an exception for the Church of England and the Church in Wales.

Clause 7 amends section 1 of the Marriage (Registrar General’s Licence) Act 1970 so that the Registrar General can only authorise a religious marriage of a same sex couple if the relevant governing authority has consented to marriages of same sex couples. Section 1 does not apply to the Church of England or the Church in Wales.

Clause 8 sets out the procedure by which the Church in Wales could opt in to performing 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 would then be able to make an order permitting the Church in Wales to perform same sex marriages.

Clause 9 would permit couples in a civil partnership to convert them into marriages.

Clause 10 and Schedule 2 provide that same sex marriages entered into outside of England and Wales would be recognised as marriages in England and Wales. Schedule 2 also makes specific provisions for Scotland and Northern Ireland. In relation to Scotland. where the government is in the process of introducing same sex marriage as well, it would allow for same sex marriages conducted in England and Wales to be recognised as civil partnerships in Scotland. Such a power might be exercised if either same sex marriage was legalised in England and Wales before Scotland or if Scotland ultimately did not legalise same sex marriage. In relation to Northern Ireland, it would simply allow for same sex marriages conducted in England and Wales to be recognised as civil partnerships in Northern Ireland.

Clause 11 and Schedules 3 and 4 provide that all references to marriage in the law of England and Wales apply to same sex marriages as well as opposite sex couples. Schedule 3 provides further detail on the interpretation of legislation:

• In all legislation, references to marriage include same sex marriages;
• In all legislation, references to persons who are not married but who live together as a married couple include same sex couples who are not married but who live together as a married couple;
• In all future legislation, the terms "husband", "wife", "widow" and "widower" will include persons in same sex marriage or same sex marriages ended by the death of one of the couple.

Schedule 4 makes a number of further provisions as a result of the introduction of same sex marriages:

• In private legal instruments made before the introduction of same sex marriages, reference to marriage will be interpreted as only referring to opposite sex marriages;
• The common law presumption that a child born to a woman during her marriage is also the child of her husband (often referred to as “the presumption of legitimacy”) does not apply in relation to same sex marriages (i.e. where two women are married to each other and one of them gives birth to a child, the other party will not be presumed to be the parent of that child by virtue of the common law presumption);
• In divorce proceedings, adultery will only include sexual conduct between two persons of the opposite sex (although such conduct may still be deemed 'unreasonable conduct' or addressed by other laws than adultery law);
• Non-consummation of the marriage will not be grounds for annulment for same sex couples;
• The Domicile and Matrimonial Proceedings Act 1973 is amended so that same sex couples who have become habitually resident or domiciled in another country which does not recognise same sex marriage, and so who are unable to divorce or obtain other matrimonial order in the country which would normally have jurisdiction, will be able have their case heard in the courts in England and Wales;
• Legislation on state pensions is amended; and
• Legislation on occupational pensions and survivor benefits is amended.

Part 2: Other Provisions Relating to Marriage and Civil Partnership

Clause 12 and Schedule 5 amend the Gender Recognition Act 2004 to enable existing marriages registered in England and Wales or outside the UK 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.

Clause 13 and Schedule 6 repeal the Foreign Marriage Act 1892 and provides for a power for Her Majesty by Order in Council to legislate so that the arrangements for marriage (including marriage of same sex couples) in overseas consulates and the issuing of certificates of no impediment are aligned with the existing arrangements for civil partnership registration in overseas consulates. Schedule 6 also provides for a very similar power for Her Majesty by Order in Council to legislate to enable service personnel and accompanying civilians (including same sex couples) to marry overseas.

Part 3: Final Provisions

Clause 14 and Schedule 7 make various transitional and consequential provisions. Part 1 of Schedule 7 deals with transitional arrangements in relation to “approved premises”. These are premises (such as hotels) which have been approved by local authorities as venues for civil marriages and civil partnerships. Part 1 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. Part 2 of Schedule 7 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 (Registrar General’s Licence) Act 1970, the Matrimonial Causes Act 1973, 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.

Clauses 15 to 18 deal with Orders and Regulations made under the Act, interpretations of terms used in the Act, the territorial extent of the Act, its Short Title, and its commencement.

Parliamentary Passage

The Bill will first go through a number of stages in the House of Commons, where it was introduced. These are:

• First Reading: the formal introduction of the Bill with no debate or vote.
• Second Reading: a debate on the general principles of the Bill followed by a vote.
• Committee Stage: a committee comprising a small number of Members of Parliament is set up to scrutinise the Bill line-by-line. The committee will first take evidence on the Bill, and then vote on any amendments that have been put forward, before returning the Bill, amended or otherwise, to the House of Commons as a whole.
• Report Stage: following the Bill's 'reporting' by the committee, the Bill is scrutinised by the House of Commons as a whole. Any Member of Parliament may table amendments which will be voted on.
• Third Reading: a short debate on the Bill, amended or otherwise, followed by a vote on the final text.

The Bill will then go through largely similar stages in the House of Lords. The only difference is at Committee Stage where the 'committee' is, in fact, the House of Lords sitting as a whole; no evidence is taken on the Bill, and amendments at this stage are tabled in order to gain further information from the government on specific provisions of the Bill, rather than to actually amend the Bill. Only at Report Stage are amendments likely to be tabled with an intention that they will be voted upon.

If the Bill is not amended by the House of Lords, it will go immediately to receive Royal Assent. If the House of Lords makes amendments to the Bill, these amendments will then be voted upon by the House of Commons which can choose to accept them or reject them. The Bill will go back and forth between the two Houses in a procedure known as 'ping pong' until the text is agreed by both.

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.

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Marriage (Same Sex Couples) Bill – Second Reading

Party		Votes for	Votes against	Both	Did Not Vote
Conservative	126 (+1 teller) Stuart Andrew Gregory Barker John Baron Gavin Barwell Richard Benyon Crispin Blunt Nicholas Boles Peter Bottomley Karen Bradley James Brokenshire Aidan Burley Conor Burns Alistair Burt Dan Byles David Cameron Neil Carmichael James Clappison Greg Clark Kenneth Clarke Damian Collins Oliver Colvile Tracey Crouch Stephen Dorrell James Duddridge Alan Duncan Iain Duncan Smith Michael Ellis Jane Ellison Michael Fabricant Mark Field Mike Freer Lorraine Fullbrook David Gauke Nick Gibb Zac Goldsmith Michael Gove Richard Graham Helen Grant Chris Grayling Damian Green Justine Greening Ben Gummer Sam Gyimah William Hague Stephen Hammond Matthew Hancock Greg Hands Mark Harper Richard Harrington Chris Heaton-Harris Charles Hendry Nick Herbert Damian Hinds George Hollingbery Kris Hopkins John Howell Jeremy Hunt Margot James Sajid Javid Bernard Jenkin Jo Johnson Andrew Jones Daniel Kawczynski Simon Kirby Andrew Lansley Jessica Lee Oliver Letwin Brandon Lewis Peter Luff Mary Macleod Francis Maude Theresa May Jason McCartney Patrick McLoughlin Mark Menzies Maria Miller Nigel Mills Andrew Mitchell Penny Mordaunt Stephen Mosley David Mowat David Mundell Andrew Murrison Brooks Newmark Sarah Newton Eric Ollerenshaw Guy Opperman George Osborne Richard Ottaway John Penrose Andrew Percy Eric Pickles Christopher Pincher Daniel Poulter Dominic Raab Mark Reckless Hugh Robertson Amber Rudd Laura Sandys Grant Shapps Alok Sharma Mark Simmonds Keith Simpson Chris Skidmore Chloe Smith Julian Smith Nicholas Soames Anna Soubry Caroline Spelman Andrew Stephenson Iain Stewart Rory Stewart Desmond Swayne (teller) Hugo Swire Justin Tomlinson Elizabeth Truss Edward Vaizey Theresa Villiers Charles Walker Robin Walker Angela Watkinson Mike Weatherley Chris White David Willetts Sarah Wollaston Tim Yeo George Young	134 (+2 tellers) Nigel Adams Adam Afriyie Peter Aldous David Amess James Arbuthnot Richard Bacon Steven Baker Tony Baldry Guto Bebb Henry Bellingham Paul Beresford Andrew Bingham Bob Blackman Peter Bone (teller) Graham Brady Julian Brazier Andrew Bridgen Steve Brine Fiona Bruce Robert Buckland Simon Burns David Burrowes Alun Cairns Douglas Carswell William Cash Rehman Chishti Christopher Chope Geoffrey Clifton-Brown Therese Coffey (teller) Geoffrey Cox Stephen Crabb David Davies Glyn Davies Philip Davies David Davis Nick de Bois Caroline Dinenage Richard Drax Charlie Elphicke Jonathan Evans David Evennett Michael Fallon Liam Fox Mark Francois George Freeman Roger Gale Edward Garnier Mark Garnier Cheryl Gillan John Glen Robert Goodwill James Gray Andrew Griffiths Robert Halfon Simon Hart Alan Haselhurst John Hayes Oliver Heald Gordon Henderson Philip Hollobone Adam Holloway Gerald Howarth Stewart Jackson Gareth Johnson David Jones Marcus Jones Greg Knight Kwasi Kwarteng Mark Lancaster Pauline Latham Jeremy Lefroy Edward Leigh Julian Lewis David Lidington Peter Lilley Jack Lopresti Jonathan Lord Tim Loughton Karen Lumley Anne Main Paul Maynard Karl McCartney Anne McIntosh Stephen McPartland Esther McVey Stephen Metcalfe Nicky Morgan Anne-Marie Morris David Morris James Morris Bob Neill Caroline Nokes David Nuttall Stephen O'Brien Matthew Offord James Paice Neil Parish Priti Patel Owen Paterson Mark Pawsey Michael Penning Mark Pritchard John Randall John Redwood Jacob Rees-Mogg Simon Reevell Malcolm Rifkind Andrew Robathan Laurence Robertson Andrew Rosindell David Ruffley David Rutley Andrew Selous Alec Shelbrooke Richard Shepherd Henry Smith John Stanley John Stevenson Bob Stewart Mel Stride Julian Sturdy Robert Syms Peter Tapsell David Tredinnick Andrew Turner Shailesh Vara Martin Vickers Ben Wallace Robert Walter James Wharton Heather Wheeler Craig Whittaker John Whittingdale Bill Wiggin Gavin Williamson Jeremy Wright	5 Angie Bray Andrea Leadsom Phillip Lee Charlotte Leslie Rob Wilson	36 Harriett Baldwin Stephen Barclay Jake Berry Brian Binley Nicola Blackwood Jonathan Djanogly Jackie Doyle-Price Philip Dunne Tobias Ellwood George Eustice Graham Evans Nigel Evans Richard Fuller Dominic Grieve Philip Hammond Rebecca Harris Mark Hoban Nick Hurd Chris Kelly Eleanor Laing Ian Liddell-Grainger Patrick Mercer Anne Milton Sheryll Murray Jesse Norman Claire Perry Stephen Phillips Mark Prisk Lee Scott Mark Spencer Gary Streeter Graham Stuart Edward Timpson Andrew Tyrie Paul Uppal Nadhim Zahawi
Labour	217 Diane Abbott Debbie Abrahams Bob Ainsworth Douglas Alexander Heidi Alexander Rushanara Ali Graham Allen David Anderson Jonathan Ashworth Ian Austin Adrian Bailey William Bain Edward Balls Gordon Banks Kevin Barron Hugh Bayley Margaret Beckett Hilary Benn Luciana Berger Clive Betts Roberta Blackman-Woods Hazel Blears Tom Blenkinsop Paul Blomfield David Blunkett Ben Bradshaw Kevin Brennan Lyn Brown Nick Brown Russell Brown Chris Bryant Karen Buck Richard Burden Andy Burnham Liam Byrne Alan Campbell Martin Caton Sarah Champion Jenny Chapman Katy Clark Ann Clwyd Vernon Coaker Ann Coffey Michael Connarty Yvette Cooper Jeremy Corbyn Mary Creagh Stella Creasy Jon Cruddas John Cryer Jim Cunningham Margaret Curran Nicholas Dakin Simon Danczuk Alistair Darling Wayne David Ian Davidson Geraint Davies Gloria De Piero John Denham Frank Dobson Thomas Docherty Frank Doran Stephen Doughty Jim Dowd Gemma Doyle Jack Dromey Michael Dugher Angela Eagle Maria Eagle Clive Efford Julie Elliott Louise Ellman Natascha Engel Chris Evans Paul Farrelly Frank Field Jim Fitzpatrick Caroline Flint Paul Flynn Yvonne Fovargue Hywel Francis Mike Gapes Barry Gardiner Sheila Gilmore Helen Goodman Tom Greatrex Kate Green Lilian Greenwood Nia Griffith Andrew Gwynne Peter Hain David Hamilton Fabian Hamilton David Hanson Harriet Harman Tom Harris John Healey Mark Hendrick Stephen Hepburn Meg Hillier Julie Hilling Margaret Hodge Sharon Hodgson Kate Hoey Kelvin Hopkins George Howarth Tristram Hunt Huw Irranca-Davies Glenda Jackson Siân James Cathy Jamieson Dan Jarvis Alan Johnson Diana Johnson Graham Jones Helen Jones Kevan Jones Susan Elan Jones Tessa Jowell Gerald Kaufman Barbara Keeley Liz Kendall Sadiq Khan David Lammy Ian Lavery Mark Lazarowicz Christopher Leslie Ivan Lewis Andrew Love Ian Lucas Fiona Mactaggart Shabana Mahmood Seema Malhotra John Mann Gordon Marsden Stephen McCabe Kerry McCarthy Gregg McClymont Siobhain McDonagh Andrew McDonald John McDonnell Pat McFadden Alison McGovern Anne McGuire Ann McKechin Catherine McKinnell Alan Meale David Miliband Edward Miliband Andrew Miller Austin Mitchell Madeleine Moon Jessica Morden Graeme Morrice Grahame Morris Meg Munn Jim Murphy Ian Murray Lisa Nandy Pamela Nash Fiona O'Donnell Chi Onwurah Sandra Osborne Albert Owen Teresa Pearce Toby Perkins Bridget Phillipson Lucy Powell Nick Raynsford Jamie Reed Steve Reed Rachel Reeves Emma Reynolds Jonathan Reynolds Linda Riordan John Robertson Geoffrey Robinson Steve Rotheram Lindsay Roy Chris Ruane Joan Ruddock Anas Sarwar Andy Sawford Alison Seabeck Barry Sheerman Dennis Skinner Andy Slaughter Andrew Smith Angela Smith Nick Smith Owen Smith John Spellar Jack Straw Graham Stringer Gisela Stuart Gerry Sutcliffe Mark Tami Gareth Thomas Emily Thornberry Jon Trickett Karl Turner Stephen Twigg Chuka Umunna Keith Vaz Valerie Vaz Joan Walley Tom Watson Dave Watts Alan Whitehead Chris Williamson Phil Wilson David Winnick Rosie Winterton John Woodcock David Wright Iain Wright	22 Joe Benton Ronnie Campbell Tom Clarke Rosie Cooper David Crausby Tony Cunningham Jim Dobbin Brian H Donohoe Robert Flello Mary Glindon Paul Goggins Dai Havard Michael McCann Jim McGovern Iain McKenzie George Mudie Paul Murphy Stephen Pound Frank Roy Jim Sheridan Derek Twigg Mike Wood	–	18 Anne Begg Gordon Brown Alex Cunningham Bill Esterson Pat Glass Roger Godsiff David Heyes Jimmy Hood Lindsay Hoyle Khalid Mahmood Michael Meacher Ian Mearns Dawn Primarolo Yasmin Qureshi Virendra Sharma Gavin Shuker Stephen Timms Shaun Woodward
Liberal Democrats	44 (+1 teller) Danny Alexander Tom Brake Annette Brooke Jeremy Browne Malcolm Bruce Paul Burstow Lorely Burt Vincent Cable Menzies Campbell Alistair Carmichael Nicholas Clegg Michael Crockart Edward Davey Tim Farron Lynne Featherstone Don Foster Andrew George Stephen Gilbert Duncan Hames Mike Hancock Nick Harvey David Heath John Hemming Simon Hughes Mark Hunter (teller) Julian Huppert Norman Lamb David Laws John Leech Stephen Lloyd Michael Moore Tessa Munt Alan Reid Dan Rogerson Bob Russell Adrian Sanders Robert Smith Andrew Stunell Ian Swales Jo Swinson Steve Webb Mark Williams Roger Williams Stephen Williams Simon Wright	4 Alan Beith Gordon Birtwistle John Pugh Sarah Teather	–	7 Norman Baker Martin Horwood Charles Kennedy Greg Mulholland John Thurso David Ward Jennifer Willott
SNP	–	–	–	6 Stewart Hosie Angus MacNeil Angus Robertson Mike Weir Eilidh Whiteford Pete Wishart
DUP	–	8 Gregory Campbell Nigel Dodds Jeffrey Donaldson William McCrea Ian Paisley Jnr Jim Shannon David Simpson Sammy Wilson	–	–
Plaid Cymru	3 Jonathan Edwards Elfyn Llwyd Hywel Williams	–	–	–
Green	1 Caroline Lucas	–	–	–
SDLP	1 Mark Durkan	–	–	2 Alasdair McDonnell Margaret Ritchie
Alliance	1 Naomi Long	–	–	–
Respect	1 George Galloway	–	–	–
	Independents	1 Eric Joyce	2 Sylvia Hermon Nadine Dorries	–	–
Total		395 (+2 tellers)	170 (+2 tellers)	5	74

Map of MPs by their vote and party on the second reading of the Bill, 5 February 2013 (Aye votes are in blue and dark blue).

The SNP did not vote, as the Bill largely applies to England and Wales only.

Committee Stage

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.

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 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.

Members of the Public Bill Committee included:

Member		Party	Constituency
bgcolor="Template:Labour Party (UK)/meta/color" |	Jimmy Hood MP (Chair)	Labour	Lanark and Hamilton East
bgcolor="Template:Conservative Party (UK)/meta/color" |	Gary Streeter MP (Chair)	Conservative	South West Devon
bgcolor="Template:Conservative/meta/color" |	Stuart Andrew MP	Conservative	Pudsey
bgcolor="Template:Labour Party (UK)/meta/color" |	Ben Bradshaw MP	Labour	Exeter
bgcolor="Template:Labour Party (UK)/meta/color" |	Chris Bryant MP	Labour	Rhondda
bgcolor="Template:Conservative Party (UK)/meta/color" |	David Burrowes MP	Conservative	Enfield Southgate
bgcolor="Template:Labour Party (UK)/meta/color" |	Stephen Doughty MP	Labour	Cardiff South and Penarth
bgcolor="Template:Conservative Party (UK)/meta/color" |	Jane Ellison MP	Conservative	Battersea
bgcolor="Template:Liberal Democrats/meta/color" |	Steve Gilbert MP	Liberal Democrat	St Austell and Newquay
bgcolor="Template:Conservative Party (UK)/meta/color" |	Helen Grant MP	Conservative	Maidstone and The Weald
bgcolor="Template:Labour Party (UK)/meta/color" |	Kate Green MP	Labour	Stretford and Urmston
bgcolor="Template:Conservative Party (UK)/meta/color" |	Simon Kirby MP	Conservative	Brighton Kemptown
bgcolor="Template:Conservative Party (UK)/meta/color" |	Kwasi Kwarteng MP	Conservative	Spelthorne
bgcolor="Template:Conservative Party (UK)/meta/color" |	Tim Loughton MP	Conservative	East Worthing and Shoreham
bgcolor="Template:Labour Party (UK)/meta/color" |	Siobhain McDonagh MP	Labour	Mitcham and Morden
bgcolor="Template:Labour Party (UK)/meta/color" |	Alison McGovern MP	Labour	Wirral South
bgcolor="Template:Labour Party (UK)/meta/color" |	Jonathan Reynolds MP	Labour Co-op	Stalybridge and Hyde
bgcolor="Template:Conservative Party (UK)/meta/color" |	Hugh Robertson MP	Conservative	Faversham and Mid Kent
bgcolor="Template:Democratic Unionist Party/meta/color" |	Jim Shannon MP	Democratic Unionist Party	Strangford
bgcolor="Template:Conservative Party (UK)/meta/color" |	Desmond Swayne MP	Conservative	New Forest West
bgcolor="Template:Liberal Democrats (UK)/meta/color" |	Stephen Williams MP	Liberal Democrat	Bristol West

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:

• A new clause was inserted which makes clear that chaplains who are employed by a non-religious organisation (such as in a hospital or a university) who refuse to conduct a same sex marriage will not contravene anti-discrimination legislation.
• Clause 8 was amended to state that if the Governing Body of the Church in Wales makes clear that it wishes to conduct same sex marriages, the Lord Chancellor "must" make an order allowing it to do so, rather than simply having the power to do so.
• Following pressure on the government to open up access to civil partnerships for opposite-sex couples, a new clause was inserted which will require there to be a review of the operation and future of the Civil Partnership Act 2004 in England and Wales as soon as practicable.

Third Reading

The Bill received its Third Reading in the House of Commons on 21 May 2013, passing with a majority of 366 to 161.

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Marriage (Same Sex Couples) Bill – Third Reading

Party		Votes for	Votes against	Both	Did Not Vote
Conservative	117 (+1 teller) Stuart Andrew Harriett Baldwin Stephen Barclay Gregory Barker John Baron Gavin Barwell Richard Benyon Crispin Blunt Nicholas Boles Peter Bottomley Karen Bradley James Brokenshire Aidan Burley Alistair Burt Dan Byles David Cameron Neil Carmichael Greg Clark Oliver Colvile Tracey Crouch Stephen Dorrell James Duddridge Alan Duncan Iain Duncan Smith Michael Ellis Jane Ellison Tobias Ellwood Michael Fabricant Mark Field Mike Freer Lorraine Fullbrook David Gauke Nick Gibb Zac Goldsmith Michael Gove Helen Grant Chris Grayling Damian Green Justine Greening Ben Gummer Sam Gyimah Stephen Hammond Matthew Hancock Greg Hands Mark Harper Richard Harrington Rebecca Harris Chris Heaton-Harris Charles Hendry Nick Herbert Damian Hinds George Hollingbery Kris Hopkins Jeremy Hunt Margot James Sajid Javid Bernard Jenkin Jo Johnson Andrew Jones Daniel Kawczynski Simon Kirby Andrew Lansley Pauline Latham Jessica Lee Oliver Letwin Brandon Lewis Peter Luff Mary Macleod Francis Maude Theresa May Jason McCartney Patrick McLoughlin Mark Menzies Maria Miller Nigel Mills Andrew Mitchell Penny Mordaunt Stephen Mosley David Mowat Brooks Newmark Eric Ollerenshaw Guy Opperman George Osborne Richard Ottaway John Penrose Andrew Percy Stephen Phillips Eric Pickles Daniel Poulter Dominic Raab Hugh Robertson Amber Rudd Laura Sandys Grant Shapps Mark Simmonds Chris Skidmore Chloe Smith Julian Smith Anna Soubry Caroline Spelman Andrew Stephenson Iain Stewart Desmond Swayne (teller) Justin Tomlinson Elizabeth Truss Edward Vaizey Theresa Villiers Charles Walker Robin Walker Angela Watkinson Mike Weatherley Chris White David Willetts Sarah Wollaston Tim Yeo George Young Nadhim Zahawi	127 (+2 tellers) Nigel Adams Adam Afriyie Peter Aldous David Amess Richard Bacon Guto Bebb Henry Bellingham Paul Beresford Andrew Bingham Nicola Blackwood Peter Bone Graham Brady Julian Brazier Andrew Bridgen Steve Brine Fiona Bruce Robert Buckland Simon Burns David Burrowes Douglas Carswell William Cash Rehman Chishti Christopher Chope Therese Coffey Geoffrey Cox Stephen Crabb David Davies Glyn Davies Philip Davies David Davis Nick de Bois Nadine Dorries Jackie Doyle-Price Richard Drax Charlie Elphicke Jonathan Evans David Evennett Liam Fox Mark Francois George Freeman Roger Gale Edward Garnier Mark Garnier Cheryl Gillan John Glen Robert Goodwill James Gray Andrew Griffiths Robert Halfon Simon Hart Alan Haselhurst John Hayes Oliver Heald Gordon Henderson Philip Hollobone Adam Holloway Gerald Howarth Stewart Jackson Gareth Johnson David Jones Marcus Jones Greg Knight Kwasi Kwarteng Mark Lancaster (teller) Jeremy Lefroy Edward Leigh Julian Lewis Ian Liddell-Grainger David Lidington Peter Lilley Jonathan Lord Tim Loughton Karen Lumley Anne Main Paul Maynard Karl McCartney Anne McIntosh Stephen McPartland Esther McVey Stephen Metcalfe Anne Milton Nicky Morgan Anne-Marie Morris David Morris James Morris Bob Neill David Nuttall Stephen O'Brien Matthew Offord James Paice Neil Parish Priti Patel Owen Paterson Mark Pawsey Michael Penning Mark Pritchard John Randall (teller) John Redwood Jacob Rees-Mogg Malcolm Rifkind Andrew Robathan Laurence Robertson Andrew Rosindell David Rutley Lee Scott Andrew Selous Alec Shelbrooke Richard Shepherd Henry Smith John Stanley John Stevenson Bob Stewart Mel Stride Julian Sturdy Robert Syms David Tredinnick Andrew Turner Shailesh Vara Martin Vickers Ben Wallace Robert Walter James Wharton Heather Wheeler Craig Whittaker John Whittingdale Bill Wiggin Gavin Williamson Jeremy Wright	7 Graham Evans John Howell Andrea Leadsom Philip Lee Charlotte Leslie Claire Perry Rob Wilson	51 James Arbuthnot Steven Baker Tony Baldry Jake Berry Brian Binley Bob Blackman Angie Bray Conor Burns Alun Cairns James Clappison Kenneth Clarke Geoffrey Clifton-Brown Damian Collins Caroline Dinenage Jonathan Djanogly George Eustice Nigel Evans Michael Fallon Richard Graham Dominic Grieve William Hague Philip Hammond Mark Hoban Nick Hurd Greg Knight Eleanor Laing Jack Lopresti Patrick Mercer David Mundell Sheryll Murray Andrew Murrison Sarah Newton Caroline Nokes Jesse Norman Christopher Pincher Mark Prisk Mark Reckless Simon Reevell David Ruffley Alok Sharma Keith Simpson Nicholas Soames Mark Spencer Rory Stewart Gary Streeter Graham Stuart Hugo Swire Peter Tapsell Edward Timpson Andrew Tyrie Paul Uppal
Labour	194 Diane Abbott Debbie Abrahams Douglas Alexander Heidi Alexander Rushanara Ali Graham Allen Jonathan Ashworth Adrian Bailey William Bain Edward Balls Gordon Banks Kevin Barron Hugh Bayley Margaret Beckett Anne Begg Hilary Benn Luciana Berger Clive Betts Roberta Blackman-Woods Tom Blenkinsop Paul Blomfield Ben Bradshaw Kevin Brennan Gordon Brown Lyn Brown Chris Bryant Karen Buck Richard Burden Andy Burnham Liam Byrne Alan Campbell Martin Caton Sarah Champion Jenny Chapman Katy Clark Ann Clwyd Vernon Coaker Ann Coffey Yvette Cooper Jeremy Corbyn Mary Creagh Stella Creasy Jon Cruddas John Cryer Jim Cunningham Margaret Curran Nicholas Dakin Simon Danczuk Alistair Darling Wayne David Ian Davidson Geraint Davies Gloria De Piero John Denham Frank Dobson Stephen Doughty Jim Dowd Gemma Doyle Jack Dromey Michael Dugher Angela Eagle Maria Eagle Clive Efford Julie Elliott Louise Ellman Natascha Engel Bill Esterson Chris Evans Paul Farrelly Frank Field Jim Fitzpatrick Caroline Flint Paul Flynn Yvonne Fovargue Hywel Francis Mike Gapes Barry Gardiner Sheila Gilmore Pat Glass Kate Green Lilian Greenwood Nia Griffith Andrew Gwynne David Hamilton Fabian Hamilton David Hanson Tom Harris John Healey Mark Hendrick Stephen Hepburn Meg Hillier Julie Hilling Margaret Hodge Sharon Hodgson Kate Hoey Kelvin Hopkins George Howarth Huw Irranca-Davies Cathy Jamieson Dan Jarvis Alan Johnson Graham Jones Kevan Jones Susan Elan Jones Tessa Jowell Gerald Kaufman Barbara Keeley Liz Kendall David Lammy Ian Lavery Mark Lazarowicz Christopher Leslie Emma Lewell-Buck Andrew Love Fiona Mactaggart Shabana Mahmood Seema Malhotra John Mann Gordon Marsden Stephen McCabe Kerry McCarthy Gregg McClymont Siobhain McDonagh Andrew McDonald Pat McFadden Alison McGovern Anne McGuire Ann McKechin Iain McKenzie Catherine McKinnell Michael Meacher Alan Meale Ian Mearns Ed Miliband Madeleine Moon Jessica Morden Graeme Morrice Grahame Morris Meg Munn Jim Murphy Ian Murray Lisa Nandy Pamela Nash Fiona O'Donnell Chi Onwurah Sandra Osborne Albert Owen Teresa Pearce Toby Perkins Bridget Phillipson Yasmin Qureshi Nick Raynsford Jamie Reed Steve Reed Emma Reynolds Jonathan Reynolds Linda Riordan John Robertson Geoffrey Robinson Steve Rotheram Frank Roy Lindsay Roy Chris Ruane Andy Sawford Alison Seabeck Virendra Sharma Barry Sheerman Dennis Skinner Andy Slaughter Andrew Smith Nick Smith Owen Smith Jack Straw Graham Stringer Gisela Stuart Gerry Sutcliffe Mark Tami Gareth Thomas Emily Thornberry Karl Turner Stephen Twigg Chuka Umunna Valerie Vaz Joan Walley Tom Watson Alan Whitehead Chris Williamson Phil Wilson David Winnick Rosie Winterton Mike Wood Shaun Woodward David Wright Iain Wright	14 Joe Benton Tom Clarke Rosie Cooper David Crausby Jim Dobbin Brian H Donohoe Robert Flello Mary Glindon Roger Godsiff Paul Goggins George Mudie Paul Murphy Stephen Pound Stephen Timms	–	46 Bob Ainsworth David Anderson Ian Austin Hazel Blears David Blunkett Nick Brown Russell Brown Ronnie Campbell Michael Connarty Alex Cunningham Tony Cunningham Thomas Docherty Frank Doran Helen Goodman Tom Greatrex Peter Hain Harriet Harman Dai Havard David Heyes Jimmy Hood Lindsay Hoyle Tristram Hunt Glenda Jackson Siân James Diana Johnson Helen Jones Sadiq Khan Ivan Lewis Ian Lucas Khalid Mahmood Michael McCann John McDonnell Jim McGovern Andrew Miller Austin Mitchell Lucy Powell Dawn Primarolo Rachel Reeves Joan Ruddock Anas Sarwar Jim Sheridan Gavin Shuker Angela Smith John Spellar Jon Trickett Derek Twigg
Liberal Democrats	43 (+1 teller) Danny Alexander Norman Baker Tom Brake Annette Brooke Jeremy Browne Paul Burstow Lorely Burt Vincent Cable Menzies Campbell Alistair Carmichael Nicholas Clegg Michael Crockart Edward Davey Lynne Featherstone Don Foster Andrew George Stephen Gilbert Duncan Hames Mike Hancock Nick Harvey David Heath John Hemming Martin Horwood Julian Huppert Charles Kennedy David Laws Stephen Lloyd Michael Moore Greg Mulholland Tessa Munt Alan Reid Dan Rogerson Bob Russell Adrian Sanders Andrew Stunell Ian Swales Jo Swinson Mike Thornton John Thurso Steve Webb Mark Williams Roger Williams Stephen Williams Simon Wright	4 Alan Beith Gordon Birtwistle John Pugh Sarah Teather	–	9 Malcolm Bruce Tim Farron Simon Hughes Mark Hunter (teller) Norman Lamb John Leech Robert Smith David Ward Jennifer Willott
SNP	–	–	–	6 Stewart Hosie Angus MacNeil Angus Robertson Mike Weir Eilidh Whiteford Pete Wishart
DUP	–	8 Gregory Campbell Nigel Dodds Jeffrey Donaldson William McCrea Ian Paisley Jnr Jim Shannon David Simpson Sammy Wilson	–	–
Plaid Cymru	2 Jonathan Edwards Elfyn Llwyd	–	–	1 Hywel Williams
Green	1 Caroline Lucas	–	–	–
SDLP	2 Mark Durkan Alasdair McDonnell	–	–	1 Margaret Ritchie
Alliance	–	–	–	1 Naomi Long
Respect	–	–	–	1 George Galloway
	Independents	–	1 Sylvia Hermon	–	1 Eric Joyce
Total		359 (+2 tellers)	154 (+2 tellers)	7	120

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 (or 72% support/28% oppose) rejected a wrecking amendment that would have denied it a second reading. The bill was supported (and the amendment rejected) 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 included peers who were themselves in long-term same-sex relationships (Baroness Barker, Lord Black of Brentwood, Baron 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. 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[ing]" and "overwhelming".

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Marriage (Same Sex Couples) Bill – Dear Amendment to reject Second Reading

Party		Votes for (rejects bill)	Votes against (supports bill)	Did Not Vote
Labour	16 Lord Anderson of Swansea Lord Brennan Lord Brooks of Tremorfa Lord Carter of Coles Lord Clarke of Hampstead Lord Davies of Coity Lord Gordon of Strathblane Lord Grenfell Lord Howie of Troon Lord Kirkhill Lord Leitch Lord Morris of Aberavon Lord Patel of Blackburn Lord Pendry Viscount Simon Lord Temple-Morris	160	–
Conservative	66 Earl of Arran Lord Bell Lord Blencathra Lord Brougham and Vaux Baroness Browning Baroness Byford Earl Cathcart Baron Cormack Baroness Cumberlege Baroness Eaton Baroness Eccles of Mouton Viscount Eccles Lord Eden of Winton Lord Edmiston Lord Elton Lord Feldman Lord Flight Baroness Fookes Lord Forsyth of Drumlean Lord Framlingham Baroness Gardner of Parkes Lord Geddes Lord Glenarthur Lord Griffiths of Fforestfach Baroness Hooper Lord Howard of Rising Lord Hurd of Westwell Lord James of Blackheath Baroness Knight of Collingtree Lord Lawson of Blaby Lord Leach of Fairford Earl of Liverpool Marquess of Lothian Lord Luke Lord Lyell Lord Macfarlane of Bearsden Lord Mackay of Clashfern Lord Magan of Castletown Lord Mancroft Lord Marlesford Lord Mawhinney Lord McColl of Dulwich Baroness Miller of Hendon Duke of Montrose Lord Naseby Baroness O'Cathain Baroness Oppenheim-Barnes Lord Palumbo Lord Parkinson Lord Patten Lord Plumb Lord Sanderson of Bowden Lord Sassoon Baroness Seccombe Baroness Sharples Lord Shaw of Northstead Lord Sheikh Lord Skelmersdale Lord Stewartby Lord Swinfen Lord Tebbit Viscount Trenchard Baroness Trumpington Viscount Ullswater Lord Vinson Lord Waddington		63 Lord Ahmad of Wimbledon Lord Ashcroft Baroness Berridge Lord Blackwell Lord Bowness Lord Brittan of Spennithorne Baroness Buscombe Lord Campbell of Alloway Lord Carington Lord Cavendish of Furness Lord Chadlington Lord Coe Lord Crathorne Lord Denham Lord Fraser of Carmyllie Lord Freeman Viscount Goschen Lord Grade of Yarmouth Lord Green of Hurstpierpoint Lord Hayhoe Baroness Heyhoe Flint The Earl of Home Lord Howe of Aberavon Lord Howell of Guildford Lord Inglewood Baroness James of Holland Park Lord Kimball Lord Lamont of Lerwick Lord Lang of Monkton The Earl of Lindsay Lord Lingfield Lord MacGregor of Pulham Market Lord MacLaurin of Knebworth Lord Marland Lord Montagu of Beaulieu Lord Moore of Lower Marsh Lord Moynihan Lord Northbrook Lord Patten of Barnes Baroness Rawlings Lord Renfrew of Kaimsthorn Lord Renton of Mount Harry Lord Ribeiro Viscount Ridley Lord Roberts of Conwy Lord Saatchi Lord Selkirk of Douglas Lord Selsdon Lord Sheppard of Didgemere The Earl of Shrewsbury Lord Soulsby of Swaffham Prior Lord Spicer Lord Sterling of Plaistow Lord Strathclyde Lord Trefgarne Lord True Lord Wade of Chorlton Lord Wakeham Baroness Warsi Lord Wei Lord Wolfson of Aspley Guise Lord Wolfson of Sunningdale Lord Young of Graffham
	Crossbenchers	46	68	–
Liberal Democrats	2 Lord Metheuen Baroness Nicholson of Winterbourne	73	–
	Bishops	9 Bishop of Birmingham Bishop of Bristol Archbishop of Canterbury Bishop of Chester Bishop of Coventry Bishop of Exeter Bishop of Hereford Bishop of London Bishop of Winchester	–	15 Bishop of Bath and Wells Bishop of Derby Bishop of Gloucester Bishop of Guildford Bishop of Lichfield Bishop of Liverpool Bishop of Newcastle Bishop of Norwich Bishop of Oxford Bishop of Ripon and Leeds Bishop of St Edmundsbury and Ipswich Bishop of Truro Bishop of Wakefield Bishop of Worcester Archbishop of York
	Non-affiliated	3	4	–
DUP	2 Lord Browne of Belmont Lord Morrow	–	–
UUP	1 Lord Empey	–	–
UKIP	2 Lord Pearson of Rannoch Lord Willoughby de Broke	–	–
Plaid Cymru	–	2	–
	Independent Labour	1 Lord Stoddart of Swindon	–	–
	Independent Liberal Democrat	–	2	–
Total		148	390

Committee Stage

The Bill is currently undergoing its Committee Stage in the House of Lords. The first day of Committee Stage took place on 17 June 2013, with two further days scheduled for 19 and 24 June 2013. Recommended amendments from this stage would then be reported and debated in the House of Lords before third reading, and then be passed back and forth between the Commons and the Lords to agree on the final identical text.

Report Stage

The Bill is scheduled to undergo Report Stage in the House of Lords on 8 and 10 July 2013.

See also

• Timeline of same-sex marriage
• Same-sex marriage in the United Kingdom

External links

• Marriage (Same Sex Couples) Bill 2012–13