The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

Sex Discrimination (Northern Ireland) Order 1976

133.—(1) The Sex Discrimination (Northern Ireland) Order 1976(1) is amended as follows.

(2) In Article 21(3), after sub-paragraph (c) insert—

“(ca) a requirement relating to not being married to, or the civil partner of, a person of the same sex;

(cb) a requirement relating to not being the civil partner of a person of the opposite sex;”.

(3) After Article 35 insert—

“Exception for ceremonies or events to mark a marriage or civil partnership

35A.— (1) An organised religion, or a person acting on behalf of or under the auspices of an organised religion, does not contravene Article 30(1) where, because of the sex of one or both of the parties to a marriage or civil partnership, the religion or person—

(a) does not provide, arrange, facilitate or participate in, or

(b) is not present at,

a ceremony or event to mark the solemnisation of the marriage or the formation of the civil partnership.

(2) Where an act done by a person—

(a) would be unlawful but for paragraph (1), and

(b) is done by the person—

(i) in the course of the person’s employment, or

(ii) as agent for another person,

the employer or other person does not contravene Article 30(1) only because of being treated by Article 42 as also doing the act.”

(1)

S.I. 1976/1042 (N.I. 15). Article 21 was substituted by S.R. (N.I.) 2005/426.