Tuesday, February 25, 2014

Marriage (Same Sex Couples) Act: I fear disappointment for someone...

As I noted yesterday, the Same Sex Couples Act 2013 has an effect akin to that of a stone thrown idly into a pond, impacting on legislation as unlikely as the Metropolitan Public Carriage Act 1869 and the Harbours Act 1964. But, there are rather more exciting consequential results, and this one is probably my favourite...

Provision disapplying the effect of section 11(1) and (2) of the Act in respect of the common law

1. Section 11(1) and (2) of the Act does not apply to the common law concerning the right of a person— 


(a) who marries, or who is married to, the King Regnant, to the title of Queen, or

(b) who marries, or who is married to, the Prince of Wales, to the title of Princess of Wales.

2. Section 11(1) and (2) of the Act does not apply to the common law concerning the acquisition of a right to, or interest in, a peerage, and all titles, rights, offices, privileges and precedence attaching to it, by a person who marries or who is married to a peer holding that peerage.

Which does lead to the question, what title does the same sex spouse of a reigning monarch get awarded?...

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