I just had a very quick initial scan of the Government’s response to the Equal Marriage consultation. (PDF Link) Headline issues of particular interest to Bi and Trans folk are as follows:
Civil partnerships will be retained, but open to same-sex couples only. This is disappointing, as it’s effectively giving same-sex couples more rights than mixed-sex couples. There is a legal challenge in the works already to try to open this up to mixed-sex couples, and presumably that will now go ahead.
Civil Partnerships (CPs) can be converted into marriages, either for transition or just because a couple wishes to do so. This will be required for those transitioning but already in a CP, because mixed-sex CPs will not be allowed. Conversion due to transition will become part of the Gender Recognition process, but will require written consent of the spouse as well as the transitioning person. Once an interim Gender Recognition Certificate has been obtained, the choice is either to convert to marriage or go through the current system and annul the existing marriage.
The handling of paperwork on transition, e.g. would a replacement marriage certificate be issued still showing the initial marriage date, is still up for discussion.
In an announcement that I know will upset a great many people, marriages stolen under the old system of forced-divorce will not be reinstated.
Interestingly, 3% of respondents indirectly stated they were Trans and married, a surprisingly high proportion. Another 3% were identified as being spouses. In both cases, 79% of people said they would like to use the option to retain their existing marriage.
Opposite sex couples will continue to be able to annul their marriage on the grounds of non-consummation. This may be of particular interest to some non-op Trans folk as well as other groups, such as those with disabilities where consummation is physically impossible and both people knew it when they got married.
And finally, the one you’ll no doubt read in the mainstream sources: Religious (Not just civil, as I’d initially thought from earlier statements) marriage in religious premises will be allowed as long as both the minister and the wider church agree to it.