Legal history

In common law, a marriage between persons of the same sex was void ab initio. In 1680, Arabella Hunt married "James Howard"; in 1682 the marriage was annulled on the ground that Howard was in fact Amy Poulter, a 'perfect woman in all her parts', and two women could not validly marry.^[7] On 30 March 1834, Anne Lister and Ann Walker were married at the Holy Trinity Church at Goodramgate in York, and thereafter considered themselves married, but without legal recognition. The church has been described as "an icon for what is interpreted as the site of the first lesbian marriage to be held in Britain", and the building now hosts a commemorative blue plaque.^[8] The couple lived together at Shibden Hall until Lister's death in 1840. In 1866, in Hyde v Hyde and Woodmansee (a case of polygamy), Lord Penzance's judgment began: "Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others."^[9]

In Talbot (otherwise Poyntz) v Talbot in 1967, the prohibition was held to extend where one spouse was a post-operative transsexual, with Justice Roger Ormrod stating: "Marriage is a relationship which depends on sex, not on gender".^[10][11] In 1971, the Nullity of Marriage Act was passed, explicitly banning marriages between same-sex couples in England and Wales.^[12] The parliamentary debates on the 1971 act included discussion on the issue of transsexualism but not homosexuality.^[13]

The 1971 act was later replaced by the Matrimonial Causes Act 1973, which also declared that a marriage was void if the parties were not respectively male and female.^[14] Prohibition of same-sex marriages was also included in the marriage legislation of Scotland and Northern Ireland. The Marriage Order (Northern Ireland) 2003 stated there was a legal impediment to marriage if the parties were of the same sex, but the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 removed this provision. The Marriage Act (Scotland) 1977 had a similar legal impediment, but following the passage of the Marriage and Civil Partnership (Scotland) Act 2014, the act no longer prohibits marriages if both parties are of the same sex.^[15][16]

On 17 July 2013, royal assent was granted to the Marriage (Same Sex Couples) Act 2013.^{[lower-alpha 2]} On 10 December 2013, Her Majesty's Government announced that the first same-sex marriages would take place from 29 March 2014.^[17]

Civil partnerships

The Civil Partnership Act 2004 came into effect in December 2005. It created civil partnerships, which gave same-sex couples who entered into them most of the rights and responsibilities of marriage.^[18] These partnerships were called 'gay marriages' by some of the British media;^[19] however, the government made clear that they were not marriages.^[20][21] Before this, an informal London Partnership Register had been set up in 2001 by the Mayor of London, Ken Livingstone, but without any legal recognition.^[22]

Since Section 9 of the Marriage (Same Sex Couples) Act 2013 took effect, any couple registered in a civil partnership is granted the ability to convert that partnership into a marriage.

Wilkinson v Kitzinger and Others

Wilkinson v Kitzinger Court High Court of Justice Family Division Decided 31 July 2006 Citation(s) [2006] EWHC 2022 (Fam) [2006] H.R.L.R. 36 Court membership Judge(s) sitting Potter P

On 26 August 2003, Celia Kitzinger and Sue Wilkinson, both British university professors, legally married in British Columbia, Canada. However, on their return their marriage was not recognised under British law. Under the subsequent Civil Partnership Act, it was converted into a civil partnership. The couple sued for recognition of their marriage, arguing that it was legal in the country in which it was executed and met the requirements for recognition of overseas marriages and should thus be treated in the same way as one between opposite-sex couples. They rejected the conversion of their marriage into a civil partnership believing it to be both practically and symbolically a lesser substitute. They were represented by civil rights group Liberty. The group's legal director James Welch said it was a matter of fairness and equality for the couple's marriage to be recognised and that they "shouldn't have to settle for the second-best option of a civil partnership".^[23]

The High Court announced its judgement on 31 July 2006, ruling that their union would not be granted marriage status and would continue to be recognised in England and Wales as a civil partnership. The president of the Family Division, Sir Mark Potter, gave as his reason that "abiding single sex relationships are in no way inferior, nor does English Law suggest that they are by according them recognition under the name of civil partnership", and that marriage was an "age-old institution" which, he suggested, was by "longstanding definition and acceptance" a relationship between a man and a woman.^[24][25] He agreed with the couple's claim that they were being discriminated against by the Civil Partnership Act 2004, but considered that "To the extent that by reason of that distinction it discriminates against same-sex partners, such discrimination has a legitimate aim, is reasonable and proportionate, and falls within the margin of appreciation accorded to Convention States."^[26] Attorney General Peter Goldsmith, as second respondent, sought £25,000 in legal costs from the couple, which the High Court ordered them to pay.^[27]

Wilkinson and Kitzinger said they were "deeply disappointed" with the judgement, not just for themselves, but for "lesbian and gay families across the nation".^[25] They said that "denying our marriage does nothing to protect heterosexual marriage, it simply upholds discrimination and inequality" and also said that the ruling insulted LGBT people and treats their relationships as inferior to heterosexual ones; not worthy of marriage but only of an "expressly different, and entirely separate institution".^[28][29] They said, however, that they believed the judgement "won't stand the test of time" and that they looked forward to the day when "there is full equality in marriage".^[24] They had originally announced their intention to appeal the decision but later abandoned it due to lack of funds.^[30]

Gay rights campaigner Peter Tatchell said that the establishment's aggressive opposition to same-sex marriage and the successful demand of £25,000 from the couple damaged the government's "gay-friendly credentials". He also claimed that the demand in legal costs was designed to damage the couple financially so they would not be able to appeal.^[27] He said he was "angry but not downcast" about the ruling and that this was only a temporary setback in the "long struggle for marriage equality".^[31]

Campaign groups

Equal Marriage, a campaign for same-sex marriage in Scotland, was established by the Equality Network in 2008, with a focus on securing same-sex marriage and different-sex civil partnerships in Scotland.^[32] In England and Wales, the first major campaign for same-sex marriage was Equal Love established by Peter Tatchell in 2010. The first major campaign against same-sex marriage in Britain was Scotland for Marriage established in 2011, followed by the Coalition for Marriage in England and Wales in 2012. Subsequent campaigns for and against same-sex marriage have been established by a wide variety of organisations, including the Coalition for Equal Marriage and Out4Marriage, both established in England in 2012. In Northern Ireland, a campaign for full same-sex marriage was established by LGBT rights activist and political campaigner Gary Spedding in June 2012 with the specific goal of challenging social attitudes whilst lobbying the Northern Ireland Assembly to enact legislation to permit same-sex marriages.

Political parties

Conservative Party: During the run-up to the 2010 general election, the then Shadow Chancellor of the Exchequer, George Osborne, said that a Conservative government would be happy to "consider the case" for ending the ban on same-sex marriage,^[33][34] although he was criticised for not making any specific promises.^[35] On 4 May 2010, the party published a "Contract for Equalities" which said it would 'consider' recognising civil partnerships as marriages if elected.^[36]

Labour Party: In April 2010, Labour Minister for Equality Harriet Harman when asked about same-sex marriage said the issue was a "developing area" and that the government still had a "long way to go" with gay rights.^[37] Prime Minister Gordon Brown said the government did not allow same-sex marriage because it was "intimately bound up with questions of religious freedom".^[38] During the 2010 Labour leadership election campaign, each of the Labour candidates expressed their support for reform to lead to the recognition of same-sex marriage. Following Ed Miliband's victory, it became Labour party policy, with the party welcoming Her Majesty's Government's consultation and calling for legislation to be brought forth as soon as possible.^[39]

Liberal Democrats: Leader Nick Clegg stated in 2009 that his party backed legalisation.^[40][41] On 4 July 2009, in an article for LabourList, Clegg wrote that "although civil partnerships have been a step forward, until same-sex marriage is permitted it is impossible to claim gay and straight couples are treated equally."^[42] Following this, the party's LGBT rights group LGBT+ Liberal Democrats launched the petition "Marriage Without Borders" calling for all gender restrictions on marriage and civil partnerships to be lifted, and for same-sex relationships to be recognised across Europe and internationally. The petition was run at Manchester Pride and Reading Pride in 2009, and launched online in January 2010,^[43] following an interview with Clegg in Attitude magazine in which he reaffirmed his commitment to same-sex marriage.^[44][45] However, this did not make it into the party's manifesto.^[46] In an interview in July 2010, Liberal Democrat Deputy Leader Simon Hughes confirmed that the coalition government was planning to open marriage to same-sex couples, saying, "It would be appropriate in Britain in 2010, 2011, for there to be the ability for civil marriage for straight people and gay people equally... The state ought to give equality. We're halfway there. I think we ought to be able to get there in this parliament".^[47] In September 2010, the Liberal Democrats voted at their Autumn Federal Conference to make same-sex marriage a party policy at the Westminster level.^[48] The Scottish Liberal Democrats had already approved a motion at their 2010 spring conference calling on the Scottish Government to allow same-sex couples to marry, describing the exclusion of same-sex couples from marriage as a "discrimination that needs to end".^[49]

Green Party of England and Wales: On 22 May 2009, the Green Party called for an end to the ban on civil marriages between same-sex couples in Britain and in other EU member states. Party leader Caroline Lucas said the party wants marriage for same-sex couples and that married same-sex couples who travel throughout Europe should be able to have their relationship recognised on the same basis as married heterosexual couples. Peter Tatchell, who was the party's candidate for Oxford East at the time, said there is a "confusing patchwork" of different partnership laws throughout Europe and that "for a majority of lesbian and gay couples their legal rights stop at their own borders". He said, the "best and most universally recognised system of partnership" is civil marriage and, "anything less is second class and discrimination".^[50]

Religious bodies

At their Yearly Meeting in 2009, the Quakers decided to recognise opposite-sex and same-sex marriages equally and perform marriage ceremonies for same-sex couples, making them the first mainstream religious body in the United Kingdom to do so. Under the law at that time, registrars were not allowed to legally officiate at a marriage between same-sex couples but the Quakers stated that the law did not preclude them from "playing a central role in the celebration and recording of same-sex marriages" and asked the government to change the law so that these marriages would be recognised.^[51][52] In a joint press release in 2012, the Quakers, Liberal Jews, and Unitarians gave their endorsement to the same-sex marriage consultation.^[53]

The largest Christian denominations have been wholly opposed to the legislation to recognise and perform same-sex marriages. The leaders of the Catholic Church in England and Wales have been vocal in opposition, urging both parishioners and schools within its care to sign a petition against the government plans, as did the Catholic Church in Scotland.^[54][55] The leaders of the Church of England were concerned that the legalisation regarding same-sex marriage would undermine the Church's position as the state religion of England.^[56] The Methodist Church of Great Britain, in responding to the government consultation on same-sex marriage, acknowledged in 2012 that many Methodist churches had, over the previous 20 years, affirmed and celebrated the participation of gay men and lesbians in a union, but noted that the Methodist Church would not use the word "marriage" with reference to same-sex unions.^[57] However, in June 2021 the Methodist Church's conference voted to allow same-sex marriages to be solemnised in their places of worship.^[58]

In 2012, the Muslim Council of Britain launched a campaign against same-sex marriage.^[59] The Chief Rabbi, Baron Sacks, and the Rabbinical Council of the United Synagogue also came out in opposition to the plans, stating that same-sex marriage is "against Jewish law".^[60]

Public opinion

Laws regarding same-sex partnerships in Europe¹

  Marriage

  Civil union

  Limited domestic recognition (cohabitation)

  Limited foreign recognition (residency rights)

  Unrecognized

  Constitution limits marriage to opposite-sex couples

¹ May include recent laws or court decisions that have not yet entered into effect.

---

Opinion polls have shown general support for same-sex marriage among Britons. Attitudes towards homosexuality amongst the British public have become more supportive (or at least tolerant) over time; according to the British Social Attitudes Survey, in 1983 approximately 50% to 70% of respondents of the three major political parties (Conservative, Labour and Liberal Democrat) regarded homosexuality as "always wrong" or "mostly wrong" and in 1993 opposition to homosexuality was reported to have slightly increased amongst all parties. However, by 2003 attitudes had become more tolerant, with 25% to 50% of respondents regarding homosexuality as always or mostly wrong and by 2013, only around 20% to 35% of respondents in each party felt the same way. Liberal Democrat respondents tended to be less likely to regard homosexuality as wrong than Labour or Conservative respondents across each survey.^[61]

A 2004 poll by Gallup reported that 52% of respondents agreed that 'marriages between homosexuals' should be recognised, while 45% said they should not. The poll also found that 65% supported allowing same-sex couples to form civil unions.^[62] A 2006 Eurobarometer survey reported that 46% of British people agreed that same-sex marriages should be allowed throughout Europe, slightly higher than the European Union average of 44%.^[63] A poll conducted in September 2008 by ICM Research for The Observer found that 55% of Britons believed that same-sex couples should be allowed to get married, with 45% against.^[64][65]

An opinion poll conducted in June 2009 by Populus for The Times reported that 61% of the British public agreed with the statement "Gay couples should have an equal right to get married, not just to have civil partnerships", while 33% disagreed. Support was highest among those aged between 25 and 34, where 78% agreed and 19% disagreed. It was lowest amongst those over 65 where 37% agreed and 52% disagreed. A majority of both men and women agreed, but support was higher among women (67%) than men (55%). In terms of voting intention, 73% of Liberal Democrats, 64% of Labour voters and 53% of Conservatives agreed that same-sex couples should have the right to marry.^[66][67]

A poll conducted by Angus Reid Public Opinion in July 2010 showed that 78% of British people supported either same-sex marriage or civil partnerships for same-sex couples, with 41% opting for same-sex marriage and 37% opting for civil partnerships. Support for no legal unions for same-sex couples decreased by 3% from August 2009.^[68]

According to the 2010 Scottish Social Attitudes Survey, 61% of Scottish people supported same-sex marriage, while 19% did not, and 18% neither agreed nor disagreed. In a similar poll in 2002, 42% of Scotland's population supported same-sex marriage. In 2006, 53% of Scots backed same-sex marriage.^[69]

In July 2011, a representative survey conducted by Angus Reid Public Opinion showed that 43% of Britons believed same-sex couples should be legally allowed to marry, 34% thought same-sex couples should only be allowed to form civil partnerships, and 15% would grant no legal recognition to same-sex couples.^[70]

A poll published by YouGov in March 2012 showed that 43% of British people supported same-sex marriage, while 32% supported civil partnerships, and 16% were opposed to any legal recognition of same-sex relationships. Support was particularly high amongst women, young people, people in Scotland and Liberal Democrat voters. Support was lower among the working class, older people, Conservative voters, and men in general. In the same poll, 62% expressed a belief that homosexual relationships had the same value as heterosexual ones, but 47% of people supported the right of the Church of England to defend different-sex marriage and 37% disagreed. A June 2012 YouGov survey indicated increasing support for LGBT rights among the British people. The report found that 71% were in favour of same-sex marriage.^[71] Two YouGov polls in December 2012 found that 55% of the population were in favour of introducing same-sex marriage.^[72]

Another poll in May 2013 confirmed public support for the same-sex marriage bill, with 53% in favour.^[73] A second poll in May showed a similar level of support (54%), and also found that 58% of those who considered same-sex marriage an important election issue would be more likely to vote for a party that supported it.^[74] A May 2013 Ipsos poll found that 55% of respondents were in favour of same-sex marriage.^[75]

A poll by BBC Radio in March 2014 found that 68% of respondents supported same-sex marriage and 26% opposed it. The research also found that young people were more likely to support same-sex marriage, with 80% support from 18–34-year-olds, compared with 44% of over-65s. 75% of women were in favour, compared to 61% of men.^[76]

A face-to-face survey conducted in 2015 by ICM Research for Channel 4 found that 16% of British Muslims agreed with the statement that same-sex marriage should be legal in Britain, with 56% disagreeing. The survey also found that only 18% thought homosexuality should be legal in Britain, with 52% disagreeing.^[77][78] The 2015 Eurobarometer found that 71% of Britons thought same-sex marriage should be allowed throughout Europe, while 24% were opposed.^[79]

Support for same-sex marriage among 18–21-year-olds according to a 2016 survey from the Varkey Foundation

A September–October 2016 survey by the Varkey Foundation found that 77% of 18–21-year-olds supported same-sex marriage in the United Kingdom.^[80]

According to an Ipsos poll published in April 2018, 73% of the British public supported same-sex marriage, while 8% believed it should be banned. A further 13% personally disapproved of it, but did not wish to have it banned again. Additionally, the same poll found that 66% would approve of a royal same-sex wedding.^[81] A Pew Research Center poll, conducted between April and August 2017 and published in May 2018, showed that 77% of Britons supported same-sex marriage, 20% were opposed and 3% did not know or refused to answer.^[82] When divided by religion, 83% of non-practising Christians, 82% of religiously unaffiliated people and 63% of church-attending Christians supported same-sex marriage.^[83] Opposition was 13% among 18–34-year-olds.^[84]

A June 2018 YouGov opinion poll found that 80% of British people supported the introduction of same-sex marriage in Northern Ireland, with 66% of Northern Irish respondents in favour. 70% of Conservative voters, 89% of Labour voters and 90% of Liberal Democrat voters were in favour of its introduction. Among "Remain" voters, 90% supported same-sex marriage in Northern Ireland, whereas "Leave" voters supported it at 68% (this was at a time when in the aftermath of the 2016 EU referendum the issue of Brexit dominated British politics).^[85]

The 2019 Eurobarometer found that 85% of Britons thought same-sex marriage should be allowed throughout Europe, while 12% were opposed.^[86] A YouGov poll conducted in September 2022 showed that 76% of Britons supported same-sex marriage, 13% were opposed and 10% did not know. More specifically, 52% strongly supported, while 24% "tend[ed] to support" same-sex marriage. Conversely, 7% "tend[ed] to oppose", while 6% strongly opposed same-sex marriage.^[87] A Pew Research Center poll conducted between February and May 2023 showed that 73% of Britons supported same-sex marriage, 23% were opposed and 4% did not know or refused to answer. When divided by political affiliation, support was highest among those on the left and the center of the political spectrum at 81%, followed by those on the right at 65%.^[88] A June 2023 YouGov poll showed that 78% of Britons supported same-sex marriage.^[89]

Legislation

Map of MPs by their vote on the second reading of the Marriage (Same Sex Couples) Bill, 5 February 2013.^[107]

  Labour/Liberal Democrat/Green/Respect/Plaid Cymru/SDLP/Alliance votes for: 270

  Conservative votes for: 127

  Conservative votes for both^{[lower-alpha 3]}: 5

  Conservative/Democratic Unionist/Independent Unionist votes against: 146

  Labour/Liberal Democrat votes against: 26

  Did not vote: 74

  Seat vacant: 2

On 11 December 2012, the Minister for Women and Equalities, Secretary of State Maria Miller announced that the government would bring forward same-sex marriage legislation for England and Wales in early 2013.^[106][109] In response to the consultation results, the proposals were extended to allow religious organisations to opt into performing same-sex marriages if they wish,^[106] and a 'quadruple-lock' of additional measures to put the protection of religious freedoms "utterly beyond doubt".^[106] These are:

• ensuring the legislation states explicitly that no religious organisation, or individual minister, can be compelled to marry same-sex couples or to permit this to happen on their premises;
• providing an 'opt-in' system for religious organisations who wish to conduct marriages for same-sex couples, which also allows individual ministers to continue to refuse to perform same-sex marriage even when their religious organisation opts in;
• amending the Equality Act 2010 to reflect that no discrimination claims can be brought against religious organisations or individual ministers for refusing to marry a same-sex couple or allowing their premises to be used for this purpose; and
• ensuring that the legislation will not affect the canon law of the Church of England or the Church in Wales, i.e., unless canon law and the same-sex marriage legislation are changed in future, both churches will be legally barred from performing same-sex marriages.^[106]

The UK Government addressed consultation responses about the possibility that the European Court of Human Rights could force all churches to marry same-sex couples, stating:^[106]

Both the case law of the European Court of Human Rights and the rights enshrined in the European Convention on Human Rights put the protection of religious belief in this matter beyond doubt. We will draft the legislation to ensure that there is a negligible chance of a successful legal challenge in any domestic court, or the ECtHR that would force any religious organisation to conduct marriages for same-sex couples against their will. Any possible claims would be brought against the Government, rather than an organisation to ensure religious organisations would not have to use their resources to fight any legal challenges.

On 24 January 2013, the Marriage (Same Sex Couples) Bill was introduced to the Commons by Maria Miller, and a full debate occurred at the second reading on 5 February.^[110][111] The bill retained some distinctions from marriage between a man and a woman; e.g. in divorce proceedings, adultery can only involve sexual conduct between two persons of the opposite sex, while non-consummation will not be grounds for annulment of a same-sex marriage.^[112] On 5 February 2013, the bill passed its second reading in the House of Commons by 400 votes to 175.^[113]

Members of the London Gay Men's Chorus outside the House of Lords celebrating the passage at third reading of the same-sex marriage legislation, 15 July 2013

The bill was examined in 13 sittings by the Marriage (Same Sex Couples) Bill Committee, a public bill committee established to scrutinise the bill line by line. The bill completed its committee stage on 12 March 2013 and had its report stage in the House of Commons on 20–21 May 2013.^{[111][114][115]} The third reading took place on 21 May, and was approved by 366 votes to 161,^[116] with the bill receiving its first reading in the House of Lords the same evening.^[117] The bill had its second reading unopposed in the Lords on 4 June, after a "wrecking amendment" proposed by Lord Dear was defeated by a vote of 390–148, thus allowing the bill to proceed to the committee stage.^[118] The bill passed its third reading in the House of Lords on 15 July 2013,^[119] and the Commons accepted all of the Lords' amendments on the following day, with royal assent by Queen Elizabeth II granted on 17 July 2013.^[120]

On 10 December 2013, Miller announced that same-sex marriage ceremonies would begin on 29 March 2014 in England and Wales.^[121] Couples wishing to be among the first to marry were required to give formal notice of their intention by 13 March 2014.^[17] As of 13 March 2014, couples who have entered into same-sex marriages overseas are recognised as married in England and Wales.^[122] The parts of the law that allow civil partnerships to be converted into marriages, and allow married people to change their legal gender while remaining married, took effect on 10 December 2014.^[123] Same-sex marriages in England and Wales began at midnight on 29 March 2014.^[1]

History

Legislation to allow for the recognition of same-sex marriages in Northern Ireland has been debated in the Assembly five times since 2012. On four of those occasions, only a minority of assembly members voted in favour of same-sex marriage, though the most recent vote on the issue in November 2015 saw a majority of MLAs vote in favour of same-sex marriage.^[136]

On 27 April 2015, the Northern Ireland Assembly voted for the fourth time on the recognition of same-sex marriage. The motion for recognition was introduced by Sinn Féin and was defeated by a majority of 49 votes to 47; all Democratic Unionist (DUP) members in the Assembly voted against it, while all Sinn Féin, Green Party and NI21 members voted for it.^[137][138] On 2 November 2015, 105 MLAs voted on a motion to recognise same-sex marriage, with 53 voting in favour and 52 voting against, the first time same-sex marriage had received majority support in the Assembly. However, the Democratic Unionist Party tabled a petition of concern, preventing the motion from having any legal effect.^[136][139]

Sinn Féin said that legislation regarding same-sex marriage would be a priority for the party in the Assembly elected in May 2016.^[140] On 23 June 2016, Finance Minister Máirtín Ó Muilleoir announced he had requested that officials in the Northern Ireland Executive begin drafting legislation to allow same-sex marriage, stating that MLAs would much rather vote on the issue than "be forced to legislate [following] an adverse judgment" in the courts.^[141] In October 2016, First Minister Arlene Foster reaffirmed the DUP's opposition to same-sex marriage, saying the party would continue to issue a petition of concern blocking same-sex marriage in the Assembly over the next five years.^[142] The DUP won fewer than 30 seats at the March 2017 elections, meaning it lost the right to unilaterally block a bill using a petition of concern.^[143] Karen Bradley, the Secretary of State for Northern Ireland, stated in February 2018 that same-sex marriage could be legislated for in Northern Ireland by the UK Parliament, and that the government would likely allow a conscience vote for its MPs if such legislation was introduced.^[144] Labour MP Conor McGinn said he would introduce a private member's bill extending same-sex marriage to Northern Ireland by the end of March 2018.^[145]

The Marriage (Same Sex Couples) (Northern Ireland) Bill was introduced to the House of Commons on 28 March 2018, and passed its first reading.^[146][147] The bill's second reading in the Commons was blocked by a Conservative MP on three occasions in 2018.^[148][149] An identical bill was introduced to the House of Lords on 27 March by Baron Hayward, and passed its first reading that day.^[150] As both bills were private member's bills without government support, they failed to progress any further. In February 2019, Lord Hayward withdrew an amendment to an unrelated government bill, which if passed would have extended same-sex marriage to Northern Ireland, on opposition from government Lords.^[151]

On 1 November 2018, royal assent was granted to the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018, which contains sections describing Northern Ireland's same-sex marriage and abortion bans as human rights violations. The law did not legalise same-sex marriage in Northern Ireland, but directed the British Government to "issue guidance" to civil servants in Northern Ireland "in relation to the incompatibility of human rights with [the region's laws on the two issues]". The law passed 207–117 in the House of Commons.^[152][153]

2019 legalisation by Westminster

Main article: Northern Ireland (Executive Formation etc) Act 2019

Map of MPs by their vote on the amendment extending same-sex marriage to Northern Ireland.^[154]

  Labour/Liberal Democrat/Scottish National/Change UK/Plaid Cymru/Green/Independent votes for: 278 (+2 tellers)

  Conservative votes for: 105

  Conservative/Democratic Unionist votes against: 73 (+2 tellers)

  Absent/Abstentionist (Sinn Féin) votes: 190

  Seat vacant: 1

In July 2019, McGinn announced his intention to attach an amendment to an upcoming administrative bill relating to Northern Ireland, which would legalise same-sex marriage three months after passage of the bill if the Northern Ireland Assembly remained suspended. Under the terms of the originally-drafted amendment, the region's executive could approve or repeal the measure upon resumption.^[155] The amendment passed in the House of Commons with 383 votes in favour and 73 votes against.^[156][157] McGinn's amendment, which was further amended by Lord Hayward during passage in the House of Lords, required the Secretary of State to issue regulations extending same-sex marriage to Northern Ireland if the Assembly had not reconvened by 21 October 2019. If this occurred, then the regulations would come into effect on 13 January 2020.^[158] The bill passed its final stages in the Parliament and received royal assent on 24 July 2019, becoming the Northern Ireland (Executive Formation etc) Act 2019.^[159][160]

On 21 October 2019, 31 unionist MLAs signed a petition to reconvene the Northern Ireland Assembly to pass legislation to keep abortion illegal. The sitting was boycotted by Sinn Féin, the Alliance Party, the Green Party, and People Before Profit, and as a result the speaker, Robin Newton, ruled that the Assembly could not conduct business after an election unless a speaker could be elected on a cross-community vote. The sitting was therefore abandoned, and the Secretary of State for Northern Ireland, Julian Smith, stated in the House of Commons that the British Government would issue the regulations as obliged.^[161] The regulations came into effect on 13 January 2020,^[5][162] and the first legal same-sex wedding ceremony in Northern Ireland took place on 11 February 2020 between Robyn Peoples and Sharni Edwards-Peoples in Belfast.^[6][163]

Court challenges

Two legal challenges to Northern Ireland's same-sex marriage ban were heard in the High Court in November and December 2015.^[164] Two couples, Grainne Close and Shannon Sickles and Chris and Henry Flanagan-Kanem, brought the case claiming that Northern Ireland's prohibition on same-sex marriage breached their human rights. The case was heard simultaneously with a case brought in January 2015 in which two men who wed in England sought to have their marriage recognised in Northern Ireland.^[164] A ruling was handed down in August 2017; Judge John Ailbe O'Hara found against the couples and determined that there were no grounds under case law from the European Court of Human Rights that the couples' rights were violated by Northern Ireland's refusal to recognise their union as a marriage. One of the couples involved in the litigation (who were granted anonymity) said they would appeal the ruling.^[165][166] The appeal was heard by a three-judge panel of the Court of Appeal on 16 March 2018; a ruling had been expected some time in 2019.^[167] On 7 April 2020, the Court of Appeal in Belfast ruled that same-sex couples faced unjustified discrimination while denied the opportunity to marry in Northern Ireland. But with changes to the law meaning same-sex weddings can take place in Northern Ireland since 11 February 2020, senior judges decided not to make a formal declaration on any human rights breach.^{[168][169][170]}

Public opinion

A September 2014 LucidTalk poll for the Belfast Telegraph showed that 40.1% of the population supported same-sex marriage, while 39.4% opposed and 20.5% either had or stated no opinion. Of those that gave an opinion, 50.5% supported and 49.5% opposed same-sex marriage.^[171] A poll in May 2015 found that 68% of the population supported same-sex marriage, with support rising to 75% in Belfast.^[172] A "mass rally", organised by the Irish Congress of Trade Unions, Amnesty International, and the Rainbow Project took place in Belfast on 13 June 2015,^[173] with a 20,000 person turnout.^[174] A June 2016 poll placed support for same-sex marriage at 70%, while those opposing it at 22%.^[175]

An April 2018 poll put support for same-sex marriage among Northern Ireland's population at 76%, while 18% were opposed.^[176]

Crown Dependencies

• Isle of Man – Legislation allowing the performance and recognition of same-sex marriage was approved by the House of Keys on 8 March 2016, and by the Legislative Council on 26 April 2016.^[221][222] The legislation was granted royal assent and went into effect on 22 July 2016.^[223]
• Guernsey – The States of Guernsey approved a motion to legislate for the recognition and performance of same-sex marriage in December 2015.^[224] The Same-Sex Marriage (Guernsey) Law, 2016 was approved by the States in September 2016 by a vote of 33–5, and gained royal assent on 14 December 2016.^[225][226] The law went into effect on 2 May 2017.^[227][228] The legislation does not extend to Guernsey's dependencies, Alderney and Sark.
  • Alderney – A bill to allow same-sex marriage was approved by the States of Alderney on 18 October 2017, and received royal assent on 13 December 2017.^[229] The law came into effect on 14 June 2018.^[230]
  • Sark – On 17 December 2019, the Chief Pleas approved legislation mirroring the provisions of Guernsey's same-sex marriage law.^[231] The bill received royal assent in the Privy Council on 11 March 2020, and came into effect on 23 April 2020.^[232]
• Jersey – A motion to introduce legislation regarding same-sex marriage was approved by the States Assembly in September 2015.^[233] A same-sex marriage bill was eventually debated by the States on 1 February 2018, where it passed by a vote of 42–1.^[234] The law received royal assent on 23 May 2018 and went into effect on 1 July 2018.^[235]

Overseas Territories

Of the fourteen British Overseas Territories, same-sex marriage is allowed in eight: Akrotiri and Dhekelia, the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Gibraltar, the Pitcairn Islands, Saint Helena, Ascension and Tristan da Cunha and South Georgia and the South Sandwich Islands.

• Akrotiri and Dhekelia – Same-sex marriage has been recognised and performed in the Sovereign Base Areas since 3 June 2014, for UK military personnel only.^[236] The first same-sex marriage was conducted in Dhekelia on 10 September 2016.^[237] Civil partnerships have also been allowed for military personnel since 7 December 2005.^[238]
• Bermuda – On 5 May 2017, the Bermuda Supreme Court issued a ruling in favour of same-sex marriage. The ruling allowed several same-sex couples to marry in Bermuda over the following months.^[239] However, the Bermuda Parliament passed a law in December 2017 to replace same-sex marriages with domestic partnerships.^[240] The law went into effect on 1 June 2018. On 6 June 2018, the Supreme Court revoked the parts of the law that banned same-sex marriages, but the decision was stayed pending appeal,^[241] which the government lost on 23 November 2018.^[242] On 14 March 2022, the Judicial Committee of the Privy Council upheld the government's appeal of the ruling, ending the right to same-sex marriage in Bermuda.^[243]
• British Antarctic Territory – A same-sex marriage ordinance has been in force since 13 October 2016.^[244][245]
• British Indian Ocean Territory – A same-sex marriage ordinance has been in force since 3 June 2014.^[246] Civil partnerships have also been allowed for military personnel since 7 December 2005.^[238]
• Cayman Islands – Same-sex civil partnerships are legal following the enactment of a partnership law by Governor Martyn Roper on 4 September 2020.^[247] However, a suit by a same-sex couple seeking access to same-sex marriage was rejected by the Privy Council on 14 March 2022.^[243]
• Falkland Islands – On 30 March 2017, the Legislative Assembly of the Falkland Islands approved a bill legalising same-sex marriage by a vote of 7 to 1.^[248] It received royal assent on 13 April and went into effect on 29 April 2017.^[249]
• Gibraltar – On 26 October 2016, the Civil Marriage Amendment Act 2016 was passed in the Gibraltar Parliament with unanimous support from all 15 members present during the vote. It received royal assent on 1 November and took effect on 15 December 2016.^[250][251]
• Pitcairn Islands – An ordinance to recognise and perform same-sex marriage was unanimously approved by the Island Council, and signed by Governor Jonathan Sinclair on 5 May 2015. It was published on 13 May 2015 and took effect the next day.^{[252][253][254]}
• Saint Helena, Ascension and Tristan da Cunha – Same-sex marriage is legislated for throughout the territory:
  • Ascension Island – A same-sex marriage ordinance was unanimously approved by all five present members of the Ascension Island Council on 31 May 2016.^[255][256] It was signed by Governor Lisa Honan and published in the official gazette on 20 June.^[257] On 23 December 2016, Honan issued an order to commence the law on 1 January 2017.^[258][259]
  • Tristan da Cunha – An ordinance extending the Ascension Island same-sex marriage law to Tristan da Cunha was issued on 4 August 2017.^[260]
  • Saint Helena – The Legislative Council of Saint Helena passed a same-sex marriage bill on 19 December 2017; it was given royal assent the next day.^[261]
• South Georgia and the South Sandwich Islands – Same-sex marriage has been legal in the territory since 2014.^[262][263]
• Same-sex marriage and civil partnerships are also not performed or recognised in Anguilla, the British Virgin Islands, Montserrat and the Turks and Caicos Islands.

In July 2022, Lord Michael Cashman introduced legislation to the House of Lords to legalise same-sex marriage in the remaining six British Overseas Territories. The bill would "empower the Governor of each Territory to make changes to the law in the Territory to recognize the lawfulness of same-sex marriage and allow for the solemnization of marriage of same-sex couples." It had its first reading in the House of Lords on 6 July.^{[264][265][266]} The Governor of the Cayman Islands, Martyn Roper, said the measure has "little chance of progressing". This is not the first attempt to extend same-sex marriage rights to all British Overseas Territories; in February 2019, a Foreign Affairs Select Committee report recommended extending same-sex marriage laws in all territories with an Order in Council. The Leader of the Opposition of the Turks and Caicos Islands, Washington Misick, accused the British Government of trying to "neutralise the authority" of the Caribbean territories. MP Chris Bryant accused territories of wanting to "have their cake and eat it" by refusing to allow same-sex marriages: "You want to be under the British umbrella, but you do not want to be part of the British way of life."^[267]