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Same-sex marriage in New Zealand

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Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

New Zealand does not allow same-sex marriage but allows civil unions that provide most of the rights and responsibilities of marriage. As of September 2012, legislation to allow same-sex marriage is being considered by the Parliament of New Zealand.

The Marriage Act 1955 is the main Act of Parliament regulating marriage in New Zealand. The Act neither specifically bans nor specifically authorizes same-sex marriage. Decisions by the courts are the basis for the existing bar, which can be overturned only by legislation.

History

Quilter v Attorney-General, 1996–7

The case Quilter v Attorney-General had its origin in early 1996 when three female couples in long-term relationships were denied marriage licences by the Registrar-General because marriage under the common law was between one man and one woman. The case against the government was taken to the High Court in May 1996. The applicants argued that the Marriage Act did not prohibit same-sex marriage and that under the New Zealand Bill of Rights Act 1990 and the New Zealand Human Rights Act 1993, discrimination on the basis of sexual orientation was prohibited.

In the High Court, both parties agreed that at the time the Marriage Act was written in the mid-1950's, marriage according to the common law was between one man and one women, which explains why the Act did not specifically outlaw same-sex marriage. The applicants argued, however, that under the Human Rights Act, which prohibits discrimination based on sexual orientation, and sections 6 (Interpretation consistent with Bill of Rights to be preferred) and 19 (Freedom from discrimination) of the Bill of Rights Act, New Zealand prohibits discrimination based on sexual orientation and, therefore, the applicants should be allowed to marry. The government in response cited section 5 (Justified limitations) of the Bill of Right Act, which allowed rights and freedoms in the Bill of Rights to "be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society". In its decision, the High Court sided with the government and common law and reiterated that marriage is between one man and one woman.

The High Court decision was appealed to the Court of Appeal (then New Zealand's highest court) in December 1997, which upheld the ruling.[1]

Ms. Juliet Joslin et al. v. New Zealand

On 30 November 1998, two couples involved in Quilter v Attorney-General case suit New Zealand before the United Nations Human Rights Committee claiming that the country's ban on same-sex marriage violated the International Covenant on Civil and Political Rights. However, the Committee rejected the case on 17 July 2002.[2]

2005 election

During the 2005 election, Prime Minister Helen Clark stated that she thought it was discriminatory to exclude same-sex couples from the Marriage Act, but said she would not push to change it.[3]

Marriage (Gender Clarification) Amendment Bill

In 2005, United Future Member of Parliament (MP) Gordon Copeland sponsored the Marriage (Gender Clarification) Amendment Bill that would have amended the Marriage Act to define marriage as only between a man and a woman, and amend anti-discrimination protections in the Bill of Rights related to marital and family status so that the bill could stand. This move was strongly criticised by opponents of the legislation, such as then-Attorney General Michael Cullen as an overly 'radical' attack on the Bill of Rights. The bill also would have prohibited the recognition of same-sex marriages from foreign countries as marriages in New Zealand.

The bill had its first reading debate on 7 December 2005, and subsequently failed 47 votes in favour to 73 votes against.[4][5]

style="width: 2px; color:inherit; background-color: #D82A20;" data-sort-value="New Zealand Labour Party" | style="width: 2px; color:inherit; background-color: #00529F;" data-sort-value="New Zealand National Party" | style="width: 2px; color:inherit; background-color: #000000;" data-sort-value="New Zealand First" | style="width: 2px; color:inherit; background-color: #098137;" data-sort-value="Green Party of Aotearoa New Zealand" | style="width: 2px; color:inherit; background-color: #B2001A;" data-sort-value="Māori Party" | style="width: 2px; color:inherit; background-color: #501557;" data-sort-value="United Future" | style="width: 2px; color:inherit; background-color: #FDE401;" data-sort-value="ACT New Zealand" | style="width: 2px; color:inherit; background-color: #9E9E9E;" data-sort-value="New Zealand Progressive Party" |
Marriage (Gender Clarification) Amendment Bill – First Reading
Party Votes for Votes against
Labour 1 49
National
36
  • Shane Ardern
  • Chris Auchinvole
  • David Bennett
  • Paula Bennett
  • Jackie Blue
  • Chester Borrows
  • Don Brash
  • Gerry Brownlee
  • David Carter
  • John Carter
  • Bob Clarkson
  • Jonathan Coleman
  • Judith Collins
  • Jacqui Dean
  • Bill English
  • Craig Foss
  • Jo Goodhew
  • Sandra Goudie
  • Nathan Guy
  • John Hayes
  • Phil Heatley
  • Paul Hutchison
  • Colin King
  • Wayne Mapp
  • Murray McCully
  • Allan Peachey
  • Eric Roy
  • Tony Ryall
  • Lockwood Smith
  • Nick Smith
  • Lindsay Tisch
  • Anne Tolley
  • Chris Tremain
  • Nicky Wagner
  • Kate Wilkinson
  • Richard Worth
12
  • Mark Blumsky
  • Brian Connell
  • Chris Finlayson
  • Tim Groser
  • Tau Henare
  • John Key
  • Simon Power
  • Katherine Rich
  • Clem Simich
  • Georgina te Heuheu
  • Maurice Williamson
  • Pansy Wong
NZ First 5 2
Green – 6
Māori Party – 3
United Future 3 –
ACT 2 –
Progressive – 1
Total 47 73

The LegaliseLove Campaign

A campaign to promote legal marriage and adoption equality in New Zealand was launched in August 2011[6] and a protest was organised at the New Zealand Parliament Buildings in October 2011.[7][8] The New Zealand Labour Party and the Green Party have indicated support for same-sex marriage.

Marriage (Definition of Marriage) Amendment Bill

On 14 May 2012, Labour Party MP Louisa Wall stated that she would introduce a private member's bill, the Marriage (Definition of Marriage) Amendment Bill, allowing same-sex couples to marry.[9] The bill was submitted to the members' bill ballot on 30 May 2012.[10] Green Party MP Kevin Hague also submitted a same-sex marriage bill, the Marriage (Equality) Amendment Bill, to the ballot on 24 June.[11] Wall and Hague stated that they planned to work together in support of whichever bill comes up first.[12]

On 26 July 2012, a ballot draw of five members' bills saw Wall's Marriage (Definition of Marriage) Amendment Bill drawn and introduced.[13][14] In its introductory form, the bill would modify the definition of "marriage" in Section 2 of the Marriage Act 1955 to be inclusive of same sex marriage, and replace Schedule 2 - the list of prohibited degrees of marriage - with a new schedule using gender-neutral terms.

Prime Minister John Key had stated that he would support any same-sex marriage bill in its first reading initially,[15] but after the bill was drawn stated that he would support the bill through all stages.[16] Opposition to the bill came from the Conservative Party, Family First, and several religious groups.[17] In her submission to the select committee, Louisa Wall said she believed "hang ups" over homosexuality, especially among older New Zealanders, were behind opposition to the bill.[18] New Zealand First announced it would abstain, and that the legalisation of same-sex marriage should be put to a referendum,[19] but at the first reading, all New Zealand First MPs opposed the bill, largely because abstentions reduce the majority needed for a bill to pass.[20]

Map showing how each respective electorate MP voted in the first reading of the bill.

On 29 August 2012, the bill passed its first reading on a conscience vote, with 80 votes in favour, 40 votes against, and one abstention.[21][22] The bill was subsequently referred to the Government Administration Select Committee for further consideration and public input.[21] Public submissions for the bill closed on 26 October 2012, with early estimates putting the total number of submissions over 20,000,[23] with at least 10,000 in support of the bill.[24]

The select committee must report back to the House by 28 February 2013 (unless an extension is granted) on whether the bill should be passed or not, and any amendments that should occur to the bill.[25]

In December 2012, former Governor-General Dame Catherine Tizard starred in an online video campaign supporting gay marriage, alongside New Zealand singers Anika Moa, Boh Runga and Hollie Smith, as well as Olympian Danyon Loader.[26]

style="width: 2px; color:inherit; background-color: #00529F;" data-sort-value="New Zealand National Party" | style="width: 2px; color:inherit; background-color: #D82A20;" data-sort-value="New Zealand Labour Party" | style="width: 2px; color:inherit; background-color: #098137;" data-sort-value="Green Party of Aotearoa New Zealand" | style="width: 2px; color:inherit; background-color: #000000;" data-sort-value="New Zealand First" | style="width: 2px; color:inherit; background-color: #B2001A;" data-sort-value="Māori Party" | style="width: 2px; color:inherit; background-color: #770808;" data-sort-value="Mana Party (New Zealand)" | style="width: 2px; color:inherit; background-color: #FDE401;" data-sort-value="ACT New Zealand" | style="width: 2px; color:inherit; background-color: #501557;" data-sort-value="United Future" |
Marriage (Definition of Marriage) Amendment Bill – First Reading[27]
Party Votes for Votes against Abstentions
National
30
29
 –
Labour
30
3
1
Green
14
 – –
NZ First – 8 –
Māori Party 3 – –
Mana 1 – –
ACT 1 – –
United Future 1 – –
Total 80 40 1

Public opinion

A New Zealand Herald poll in 2004 found that 40% of those surveyed supported same-sex marriages and 54% were against.[28] A Research New Zealand poll in 2011 found that 60% were in favour, and 34% against, with support at 79% among 18 - 34 year olds.[29]

In May 2012, a One News Colmar Brunton poll of 1005 registered voters found that 63 percent of those surveyed supported same-sex marriage, while 31 percent were opposed. Support was higher amongst females (68% vs 57% for males), those aged between 18 and 34 (78% vs 66% for those aged 35 to 54 and 46% for those aged 55 and over), and those who did not identify with a religious or spiritual group (75% support vs 47% for those that did)[30][31][32]

See also

References

  1. ^ "Quilter v. Attorney-General [1998] 1 NZLR 523" (PDF). New Zealand Court of Appeal. 17 December 1997. Retrieved 3 September 2012.
  2. ^ "Communication No 902/1999 : New Zealand. 2002-07-30". United Nations Human Rights Committee. 17 July 2002. Retrieved 3 September 2012.
  3. ^ Act discriminatory, but no amendment
  4. ^ Marriage (Gender Clarification) Amendment Bill
  5. ^ "Marriage (Gender Clarification) Amendment Bill — First Reading". 7 December 2005. Retrieved 18 July 2012.
  6. ^ "'Legalise Love' campaign formally launched". GayNZ. 2011-08-22. Retrieved 2011-11-30.
  7. ^ "Pro-gay marriage protest hits Parliament". 3 News. 2011-10-20. Retrieved 2011-11-30.
  8. ^ Amelia Romanos and Sharon Lundy (2011-10-20). "Calls for gay marriage to be on election agenda". New Zealand Herald. Retrieved 2011-11-30.
  9. ^ Hartevelt, John; Levy, Dayna (14 May 2012). MP drafting gay marriage bill "MP drafting gay marriage bill". Fairfax media (via Stuff.co.nz). Retrieved 29 August 2012. {{cite news}}: Check |url= value (help)
  10. ^ "Marriage (Definition of Marriage) Amendment Bill - Proposed Members' Bills - Legislation". New Zealand Parliament. 30 May 2012. Retrieved 18 July 2012.
  11. ^ "Marriage (Equality) Amendment Bill - Proposed Members' Bills - Legislation". New Zealand Parliament. 24 June 2012. Retrieved 18 July 2012.
  12. ^ Both Hague and Wall's Bills go into ballot
  13. ^ "Members' bills ballot - 26 July 2012". New Zealand Parliament. 26 July 2012. Retrieved 26 July 2012.
  14. ^ Davison, Isaac; Shuttleworth, Kate (26 July 2012). "MP's to vote on gay marriage". The New Zealand Herald. Retrieved 26 July 2012.
  15. ^ Trevett, Claire (15 May 2012). "Key hedges bets on gay marriage". The New Zealand Herald. Retrieved 19 September 2012.
  16. ^ Shuttleworth, Kate (30 July 2012). "Gay marriage gets PM's full support". New Zealand Herald. Retrieved 31 July 2012.
  17. ^ Davison, Issac (28 July 2012). "Gay marriage opponents gear up to fight Wall's bill". The New Zealand Herald. Retrieved 20 August 2012.
  18. ^ "Homosexual 'hang ups' behind opponents". 3 News NZ. 7 November 2012.
  19. ^ Burr, Lloyd (31 July 2012). "NZ First will abstain in gay marriage vote". 3 News. Retrieved 20 August 2012.
  20. ^ "Marriage equality bill: How MPs voted - National - NZ Herald News". nzherald.co.nz. 29 August 2012. Retrieved 30 August 2012.
  21. ^ a b "Marriage (Definition of Marriage) Amendment Bill - First Reading". Hansard Office, New Zealand Parliament. 29 August 2012. Retrieved 31 August 2012.
  22. ^ Shuttleworth, Kate; Young, Audrey (29 August 2012). "Marriage bill passes first reading". The New Zealand Herald. Retrieved 29 August 2012.
  23. ^ Heather, Ben (7 November 2012). "Gay marriage a human right: MP". Fairfax Media New Zealand (via Stuff.co.nz). Retrieved 8 November 2012.
  24. ^ "Public submissions close on gay marriage bill". Television New Zealand. 26 October 2012. Retrieved 26 October 2012.
  25. ^ "Marriage (Definition of Marriage) Amendment Bill - bill overview". New Zealand Parliament. 29 August 2012. Retrieved 30 August 2012.
  26. ^ "Marriage equality 'about love'". 3 News NZ. December 6, 2012.
  27. ^ "Marriage equality bill: How MPs voted". The New Zealand Herald. 29 August 2012. Retrieved 29 August 2012.
  28. ^ "Civil Union Bill: What the readers say". New Zealand Herald. 2004-10-05. Retrieved 2011-08-17.
  29. ^ "RNZ Media Release: Same Sex Marriages" (PDF). Research New Zealand. 2011-07-12. Retrieved 2011-07-19.
  30. ^ "Views on whether same-sex couples should be able to marry" (PDF). Colmar Brunton. May 2012. Retrieved 23 September 2012.
  31. ^ Poll shows majority backs same-sex marriage
  32. ^ NZ poll shows same-sex marriage support
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