A bill to Make provision for the marriage of same s** 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, and for connected purposes. Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament a**embled, and by the authority of the same, as follows:— Part 1 Marriage of same s** couples in England and Wales Extension of marriage Extension of marriage to same s** couples (1)Marriage of same s** couples is lawful. (2)The marriage of a same s** couple may only be solemnized in accordance with— (a)Part 3 of the Marriage Act 1949, (b)Part 5 of the Marriage Act 1949, (c)the Marriage (Registrar General's Licence) Act 1970, or (d)an Order in Council made under Part 1 or 3 of Schedule 6. (3)No Canon of the Church of England is contrary to 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 this realm) by virtue of its making provision about marriage being the union of one man with one woman. (4)Any duty of a member of the clergy to solemnize marriages (and any corresponding right of persons to have their marriages solemnized by members of the clergy) is not extended by this Act to marriages of same s** couples. (5)A “member of the clergy” is— (a)a clerk in Holy Orders of the Church of England, or (b)a clerk in Holy Orders of the Church in Wales. Religious protection Marriage according to religious rites: no compulsion to solemnize etc (1)A person may not be compelled to— (a)undertake an opt-in activity, or (b)refrain from undertaking an opt-out activity. (2)A person may not be compelled— (a)to conduct a relevant marriage, (b)to be present at, carry out, or otherwise participate in, a relevant marriage, or (c)to consent to a relevant marriage being conducted,where the reason for the person not doing that thing is that the relevant marriage concerns a same s** couple. (3)In this section— “opt-in activity” means an activity of the kind specified in an entry in the first column of the following table which falls to be undertaken for the purposes of any enactment specified in the corresponding entry in the second column; “opt-out activity” means an activity which reverses, or otherwise modifies, the effect of an opt-in activity. Activity Giving consent Enactment —Any of these provisions of the 1949 Act: (a)section 26A(3); (b)25section 26B(2), (4) or (6); (c)section 44A(6); (d)section 46(1C) —Regulations under section 70A(5) of the 1949 Act (as mentioned in section 70A(6)(c) of that Act) relating to an application for registration —Section 1(3) of the Marriage (Registrar General's Licence) Act 1970 —An armed forces overseas marriage Order in its application to marriages of same s** couples (as mentioned in paragraph 9(2)(b) of Schedule 6) Activity Applying for the registration of a building Enactment Section 43A of the 1949 Act Marriage (Same Sex Couples) Bill Activity Authorising a person to be present at the solemnization of marriages of same s** couples in a building registered under section 43A of the 1949 Act Enactment Section 43B of the 1949 Act Activity Being authorised to be present at the solemnization of marriages of same s** couples in a building registered under section 43A of the 1949 Act Enactment Section 43B of the 1949 Act Activity Giving a certificate, giving a copy of a consent, or certifying any matter Enactment Any of these provisions of the 1949 Act: (a)section 43A(3); (b)section 43B(2); (c)15section 44A(7) (4)In this section— “1949 Act” means the Marriage Act 1949; “armed forces overseas marriage Order” means an Order in Council under Part 3 of Schedule 6; “person”— (a)includes a religious organisation; (b)does not include a registrar, a superintendent registrar or the Registrar General; “relevant marriage” means— (a)a marriage of a same s** couple solemnized in accordance with— (i)section 26A or 26B of the 1949 Act (marriage in a place of worship or in another place according to religious rites or usages), (ii)Part 5 of the 1949 Act (marriage in a naval, military or air force chapel), (iii)section 1 of the Marriage (Registrar General's Licence) Act 1970 (d**hbed marriage), where the marriage is according to religious rites or usages, or (iv)an armed forces overseas marriage Order, where the marriage is according to religious rites or usages,including any ceremony forming part of, or connected with, the solemnization of such a marriage; and (b)a marriage ceremony read or celebrated in accordance with section 46 of the 1949 Act in respect of a same s** couple (religious ceremony after registrar's marriage of same s** couple); and a reference to conducting a relevant marriage is to be read accordingly. (5)In Schedule 3 to the Equality Act 2010 (services and public functions: exceptions), after Part 6 insert—