Bills tabled to repeal Section 377A, amend Constitution to protect definition of marriage from court challenge

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a Bill to amend the Constitution was introduced to protect the current definition of marriage as being between a man and woman – and laws and government policies made on that basis – from being challenged in the courts on constitutional grounds.

repealing a law requires just a simple majority of MPs, while any amendment to the Constitution has to be supported by at least two-thirds of MPs, excluding Nominated MPs.

Most people accept that a person’s sexual orientation and behaviour is a private matter, and that sex between men should not be a criminal offence.

significant risk of S377A being struck down by the courts in a future challenge to declare the law unconstitutional on the grounds that it breaches Article 12, the equal protection provision of the Constitution. Article 12 states that all persons are equal before the law and entitled to the equal protection of the law. As the Constitution is the highest law in the land, any law enacted in Parliament but found to be inconsistent with it could be struck down by the courts.

The constitutional amendment..will introduce a new Article 156 (Institution of Marriage) clause to the Constitution. Article 156 states that Parliament can define the institution of marriage, and make pro-family laws on the basis of that definition... Should the amendment pass, any change to the heterosexual definition of marriage and laws made on that basis can happen only through Parliament and not through the courts

the Bill does not codify or enshrine the definition of marriage into the Constitution.

Qn: ‘Traditional marriage is an outdated concept.’ To what extent is this true of your society? (Cam. 2014)