Gender Recognition (Jersey) Law 200- Conscience Clause Amendment

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A decision made (20.01.2009) to approve an amendment to insert a Conscience Clause in the Gender Recognition (Jersey) Law 200-

Decision Reference: MD-C-2009-0012

Decision Summary Title :

Gender Recognition (Jersey) Law 200-

Conscience Clause Amendment

Date of Decision Summary:

14th January 2009

Decision Summary Author:

Kate Power

Policy and Research Officer

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Gender Recognition (Jersey) Law 200-

Conscience Clause Amendment

Date of Written Report:

13th January 2009

Written Report Author:

Andrew Metcalfe

Senior Assistant Legal Adviser

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Gender Recognition (Jersey) Law 200- Amendment to insert a Conscience clause

Decision(s): The Chief Minister approved an amendment to the Gender Recognition (Jersey) Law 200- to insert a Conscience Clause and asked that it be lodged ‘au Greffe’ as soon as is practicable.

Reason(s) for Decision:

As part of the preparation for the debate on the Law the Chief Minister and Deputy Chief Minister noted that a provision that had been included in original and subsequent drafts of the Law had, in error, been deleted from the final drafts of the Law.
The provision in question amends the Marriage and Civil Status (Jersey) Law 2001 so that it will provide that a clergyman is not obliged to solemnise the marriage of a person if he or she reasonably believes that the person is of an acquired gender within the meaning of Article 1(2) of the Law.

Resource Implications: All departments which will be affected have confirmed that financial implications are minimal. There are no additional manpower implications.

Action required: Request the Greffier of the States to ensure that the amendment is lodged ‘au Greffe’ at the earliest opportunity for debate alongside the draft Law.

Signature:

Position: Senator T. Le Sueur, Chief Minister

Date Signed:

Date of Decision (If different from Date Signed):