60.Section 11(1) provides that, as a result of the extension of marriage to same sex couples, marriage has the same effect in law in relation to such a couple as it does in relation to an opposite sex couple. Section 11(2) ensures that the law of England and Wales, including all existing and new England and Wales legislation, will be interpreted in this way. Subsection (3) brings into effect Schedule 3, which provides specific provision for interpretation of existing legislation (Part 1) and new legislation (Part 2). Section 11(1) and (2) with Schedule 3 together set out the equivalence of all marriages in law.
61.There are some circumstances in which the effect which would be obtained by the application of section 11 needs to be clarified or where it is not to apply. So subsection (4) brings into effect Schedule 4 which provides separately for the effect of the extension of marriage in particular cases and contains a power (Part 7) to make provision that is contrary to the provisions in subsections (1) and (2) of this section, section 9(6)(b) of the Act, and Schedule 3.
62.Subsection (6) provides that the equivalence provisions of this section and Schedule 3 do not affect Measures and Canons, subordinate legislation, or other ecclesiastical law of the Church of England, ensuring that in Church of England law “marriage” will continue to mean only marriage of a man with a woman.
Examples
Except where contrary provision is made, a reference to a “surviving spouse” in existing legislation will be interpreted under section 11 and Schedule 3 so as to include the survivor of a marriage of a same sex couple.
Except where contrary provision is made, a reference to a “wife” in existing legislation would be interpreted so as to include a woman married to a man and any party to a marriage of a same sex couple, but not a man married to a woman.
Except where contrary provision is made, a reference to a widower would include a man whose wife has died and the survivor of a marriage of a same sex couple of either sex.
Except where contrary provision is made, a reference to a married couple will include a reference to a married same sex couple.