24.Section 1 makes marriage of same sex couples lawful in England and Wales and sets out the legislative provisions under which same sex couples may marry. It ensures there is no obligation on the clergy of the Church of England and the Church in Wales to marry same sex couples and makes particular provision to avoid conflict with the Canons of the Church of England.
25.Under subsection (2) marriages of same sex couples may be solemnized in accordance with:
Part 3 of the Marriage Act, which provides for civil marriage ceremonies in register offices or approved premises such as hotels; and, if the relevant religious organisation has opted in to marry same sex couples, marriages in religious buildings (other than those of the Church of England or Church in Wales), or according to the usages of the Jewish religion or Quakers (Society of Friends) and for certain marriages for detained or house-bound persons;
Part 5 of the Marriage Act, which provides for marriages in naval, military and air force chapels (but not according to the rites of the Church of England or Church in Wales);
the Marriage (Registrar General’s Licence) Act 1970, which provides for “deathbed” marriages outside registered premises; or
an Order in Council made under Part 1 or 3 of Schedule 6 to the Act, which may provide for marriages overseas in the presence of a consular officer or for marriage overseas on armed forces bases.
26.The effect of subsection (3) is to preserve the integrity of the Canon law of the Church of England in relation to marriage. Under the Submission of the Clergy Act 1533, Canon law cannot be contrary to general law. In particular, Canon B30 (paragraph 1) states that “The Church of England affirms, according to our Lord’s teaching, that marriage is in its nature a union permanent and lifelong, for better for worse, till death them do part, of one man with one woman…”.
27.Subsection (3) therefore provides that the maintenance of Canon B30 in particular by the Church of England is not contrary to the general law which enables same sex couples to marry.
28.Subsections (4) and (5) provide that any duty of a member of the clergy of the Church of England or the Church in Wales to solemnize a marriage does not extend to same sex couples. In addition, any corresponding right of parishioners to be married by such clergy does not extend to same sex couples. The effect of this is that the common law duty on the clergy of the Church of England and the Church in Wales to marry parishioners is not extended to same sex couples.
Examples
An Anglican vicar preaches in his church that marriage according to the Church of England is only between one man and one woman. This is a lawful explanation of Canon law.
A man lives next door to a Church of England parish church and wishes to get married there. He is getting married to a woman. Neither of them has ever attended services at the church or professes to be Christian. He speaks to the vicar who agrees to marry the couple, given his legal duty to marry parishioners.
A man who lives next door to a Church of England parish church wishes to get married there. He is getting married to a man. Both of them regularly attend services at the church and are committed Christians. He speaks to the vicar who has to refuse to marry the couple, since it would not be lawful for him to do so and the legal duty to marry parishioners does not extend to same sex couples.