Equality and Human Rights Commission

The Commission’s analysis

The Equality and Human Rights Commission has analysed the Marriage (Same Sex Couples) Bill 2012/13 in light of the requirements of the Equality Act 2010 and the Human Rights Act 1998.  This analysis concludes that the Bill, which will apply in England and Wales, would be in accordance with provisions within the legislation and would further the rights of individuals to equality before the law, in so far as it will:

• enable same sex couples to marry in civil ceremonies;
• ensure those religious organisations that wish to do so can opt in to conduct marriage ceremonies for same sex couples; 
• provide protection under equality law for ministers of religion who do not wish to marry same sex couples;
• enable civil partners to convert their partnership to a marriage; and  
• enable married individuals wishing to change their legal gender to do so without having to end their marriage.

Further detail is set out in our Parliamentary briefings and legal advice below:

Download the Commissions second reading briefing (Word) 

Download the Commission's supplementary submission for the Commons public bill committee (Word)

Download legal opinion from Robin Allen QC (Word)