PART 2Religious Marriage of Same-sex Couples

Declarations to be made by parties in religious marriage ceremonies6

1

The Marriage Order is amended as follows.

2

In Article 10(2) omit sub-paragraph (b) (registration to be refused if body’s marriage ceremony does not include, or contradicts, appropriate declaration), but not the “or” at the end.

3

In Article 10, after paragraph (2) insert—

2A

The Registrar General must refuse to register a member of a religious body under Article 11 for marriages of parties who are not of the same sex if the Registrar General considers that the marriage ceremony used by that body for marriages of that description does not include, or is inconsistent with, an appropriate declaration.

2B

The Registrar General must refuse to register a member of a religious body under Article 11 for marriages of parties who are of the same sex if the Registrar General considers that the marriage ceremony used by that body for marriages of that description does not include, or is inconsistent with, an appropriate declaration.

4

In Article 10(3) (meaning of “appropriate declaration” in Article 10(2)(b)), for “(2)(b)” substitute “(2A)”.

5

In Article 10, after paragraph (3) insert—

3A

In paragraph (2B) an “appropriate declaration” means a declaration by the parties, in the presence of—

a

each other;

b

the officiant; and

c

two witnesses,

that they accept each other as husband and husband or as wife and wife.

6

In Article 15(2)(b) (ceremony used for religious marriage must include, and not contradict, appropriate declaration), after “within the meaning of Article 10(3)” insert “or (as the case may be) Article 10(3A)”.