Moved by
Baroness Stowell of Beeston
49: Schedule 7, page 50, line 23, at end insert—
“(1) Section 25 (void marriages) is amended as follows.
(2) At the beginning insert—
“(1) A marriage shall be void in any of the following cases.”.
(3) The existing wording of section 25 becomes subsection (2) of that section; and, at the beginning of that subsection, for “If any persons” substitute—
“(2) Case A is where any persons”.
(4) For the words after paragraph (d) substitute—
“(3) Case B is where any persons knowingly and wilfully consent to or acquiesce in the solemnization of a Church of England marriage between them by a person who is not in Holy Orders.
(4) Case C is where any persons of the same sex consent to or acquiesce in the solemnization of a Church of England marriage between them.
(5) In subsections (3) and (4) “Church of England marriage” means a marriage according to the rites of the Church of England.”.”
50: Schedule 7, page 53, line 10, at end insert—
“After section 49 insert—
“49A Void marriages: additional provision about same sex couples
(1) If a same sex couple knowingly and wilfully intermarries under the provisions of this Part of this Act in the absence of the required consent, the marriage shall be void.
(2) In this section, in relation to a marriage of a same sex couple, “required consent” means consent under—
(a) section 26A(3), in a case where section 26A applies to the marriage (but section 44A does not apply to it);
(b) section 26A(3) and section 44A(6), in a case where section 26A and section 44A apply to the marriage;
(c) section 26B(2)(b), in a case where section 26B(1), (2) and (3) apply to the marriage;
(d) section 26B(4)(b), in a case where section 26B(1), (4) and (5) apply to the marriage;
(e) section 26B(6)(d), in a case where section 26B(1), (6) and (7) apply to the marriage.”.”
51: Schedule 7, page 53, line 45, at end insert—
“( ) After subsection (5) insert—
“(6) If, for the purpose of any provision of this Act, a relevant governing authority has given written consent to marriages of same sex couples, the validity of that consent is not affected only because there is a change in the person or persons constituting that relevant governing authority.”.”
52: Schedule 7, page 54, line 19, at end insert—
“After section 13 insert—
“13A Void marriages: additional provision about same sex couples
(1) If a same sex couple knowingly and wilfully intermarries under the provisions of this Act in the absence of the required consent, the marriage shall be void.
(2) In this section “required consent” means consent under section 1(3).”.”
53: Schedule 7, page 54, line 22, at end insert—
“Public Order Act 1986 (c. 64)
(1) Section 29JA of the Public Order Act 1986 (protection of freedom of expression (sexual orientation)) is amended in accordance with this paragraph.
(2) The existing provision of section 29JA becomes subsection (1) of that section.
(3) After that provision insert—
“(2) In this Part, for the avoidance of doubt, any discussion or criticism of marriage which concerns the sex of the parties to marriage shall not be taken of itself to be threatening or intended to stir up hatred.”.”