PART 1Marriage of same sex couples in England and Wales

Part 3 of the Marriage Act 1949

4Opt-in: marriage in places of worship

1

After section 26 of the Marriage Act 1949 insert—

26AOpt-in to marriage of same sex couples: places of worship

1

A marriage of a same sex couple in an appropriately registered building according to such form and ceremony as the persons to be married see fit to adopt may be solemnized on the authority of two certificates of a superintendent registrar.

2

For the purposes of this section “appropriately registered building” means a building which has been registered under section 43A.

3

An application for registration of a building under section 43A may not be made unless the relevant governing authority has given written consent to marriages of same sex couples.

4

For that purpose, in relation to a building—

  • relevant governing authority” means the person or persons recognised by the members of the relevant religious organisation as competent for the purpose of giving consent for the purposes of this section;

  • relevant religious organisation” means the religious organisation for whose religious purposes the building is used.

5

Nothing in this section is to be taken to relate or have any reference to marriages solemnized according to the rites of the Church of England.

6

This section is subject (in particular) to sections 44A to 44C (registration of shared buildings for marriage of same sex couples) and regulations made under any of those sections.

2

Schedule 1 (registration of buildings etc) has effect.