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Celebrant (Australia)

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In Australia, celebrants are people who conduct formal ceremonies in the community, particularly weddings, which are the main ceremony of legal import conducted by celebrants. They may also conduct extra-legal ceremonies such as naming of babies, renewal of wedding vows and funerals. Officiating at a marriage requires that the celebrant be an authorised marriage celebrant under Australian law, but officiating at extra-legal ceremonies does not.

Marriage celebrants

Many Western nations permit celebrants who are not clergy to carry out basic, yet legal, marriage ceremonies. However Australia was the first nation whose government appointed non-clergy celebrants with the specific intention that they would create ceremonies that might be as culturally enriching and, if required, as formal as church weddings, i.e. that these ceremonies would not be inferior in status to religious weddings.

In 2011, 70.1 per cent of Australian marriages were non-religious weddings performed by civil celebrants.[1] This usage is spreading, but is not yet as well established in other English-speaking nations. Its early establishment in Australia was largely due to the support of the reforming Attorney-General Lionel Murphy in the 1970s.

An "authorised celebrant" is a person who is authorised (registered) by the Australian Government to perform legal marriages according to the Marriage Act 1961.[2][3] The celebrant may be a representative of a religious organisation (known as a religious marriage celebrant) or someone providing secular or non-religious weddings (known as a civil marriage celebrant). Only authorised (registered) marriage celebrants have the authority to perform marriages in Australia.

Descriptive definition

A civil marriage celebrant is a private person authorised by the relevant government to perform legal civil marriages in a dignified and culturally acceptable manner, mainly for the benefit of secular people.

To a lesser extent, civil celebrants may be of assistance to people who have religious beliefs but do not wish to be married in a church, temple or mosque. In contrast to the established ceremonies of religious or registry office authorities, in celebrant ceremonies final and basic decisions regarding the content are seen as the prerogative of the couple. Therefore, the civil celebrant has come to be defined as a professionally trained ceremony-provider who works in accordance with the wishes of the client couple. The task is often seen as analogous to that of an architect who is charged with designing a dream home for a couple who need expert help.[4] In this sense the celebrant is not merely the central deliverer of the ceremony according to law, but its facilitator, the couple’s adviser, the resource person, the co-creator of the ceremony, and the rehearsal-director.

A celebrant, by this definition, does not come from the standpoint of any doctrinal belief or unbelief. A trained celebrant usually operates professionally on the principle that their own beliefs and values are irrelevant.[5]

Motives for Reform

Commentators have suggested the following reasons why civil celebrancy was introduced, and why it succeeded so quickly:

• The 1960s in Australia was a decade of questioning established institutions and of profound social change.

• There was extreme dissatisfaction with the marriage “registry offices” of the time. Couples, who could not or would not use clerical celebrants, were humiliated by perfunctory and undignified ceremonies. Several churches discouraged or forbad remarriage of divorced people; and the offensively dismissive marriages offered by the state in registry offices often seemed designed to add to the distress of couples who were defying their own church's rules.

• There was dissatisfaction with the main Christian denominations of the time, especially the Roman Catholic and Anglican churches, predominantly with regard to the treatment of divorced persons and of those choosing partners of other denominations ("mixed marriages").

• There were strong [and sometimes militant] objections to marriage and the marriage ceremony wording by feminists .

• National census figures showed an increasing percentage of people declaring themselves “No religion”.[6]

• Divorces, though common, were expensive, traumatic, and involved legal apportioning of blame. This indirectly tainted the institution of marriage.[7]

Origin of Civil Celebrancy in Australia

text
Lionel Murphy, Attorney General and founder of the Civil Celebrant Movement-1973

Civil celebrancy was established by the Australian Commonwealth Attorney General Lionel Murphy on the 19th July 1973, when his first appointee, Mrs Lois D’Arcy, was categorised as a Civil Marriage Celebrant. Later, as civil marriage celebrants branched out into the performance of other ceremonies such as Funerals and Namings the term was shortened to Civil Celebrant. According to the pioneering civil celebrant Dally Messenger III :

The civil celebrant program is almost entirely the result of one man’s vision. Murphy himself told me the story of how he was opposed by his own staff, the public service, his fellow Members of Parliament and officials of the Labour Party. He defied all, and, on July 19, 1973, in the dead of night, typed the first appointment himself, found the envelope and stamp, walked to a post box and posted it himself.

[8] In fact the enabling legislation, the Marriage Act, had been passed in 1961 but Murphy’s personal involvement in using the Act's powers and bypassing the bureaucracy made him a hero to the first civil celebrants. Lois D’Arcy, in a 1992 address to celebrants, recollected Murphy's own account of his authorising the first appointment:

text
Mrs Lois D'Arcy, first independent civil marriage celebrant ever appointed by Attorney-General Lionel Murphy. Her appointment is dated July 19, 1973. This photo illustrates Murphy's radical move in appointing women into a hitherto male dominated profession, and his confidence in young people. Lois D'Arcy was, at the time, a young mother of 26.

(Lionel had) returned to his office one evening. There he had taken a piece of paper with his letterhead, typed my authorisation, and then placed it in an envelope, which he then posted to me. What other person in such a high position would have done such a thing. No one other than Lionel Murphy!

[9]

Murphy’s stance on marriage reform (and on divorce reform) was part of wider desire to free Australians from restrictive laws. High Court Justice Michael Kirby remarked in 2000:

Lionel Murphy was a big figure on the stage of Australian public life. He pursued with energy, imagination and determination a vision of Australian society which was not warped and gnarled and inward-looking. It was one which reached out to everyone, particularly the disadvantaged.

[10][11][12][13][14][15][16]

Lionel Murphy: Radical Achievements

With regard to the marriage celebrant program - Messenger summarised Murphy’s achievement as follows: He shocked the system.

• His first shock to the social system was the appointment of women — at a moment in history when, for hundreds of years, the only ceremony providers were men. (Paradoxically this Murphy decision is commonly acknowledged as having substantially supported the women in the churches who wished to become priests and bishops.)

• Shock two. Also unheard of was the provision that the couple can choose their own ceremony (the legal requirement was minimal and flexible)

• His third shock to the social system was the appointment of Aborigines as civil celebrants … The prominent aboriginal activist, Faith Bandler, I recall, was one. (They had only been counted as citizens in the census some six years before.)

• His fourth shock was the appointment of young people to perform ceremonies. Lois D’Arcy (see picture) was a 26 year old mother of two babies. Another among the first 100 celebrants authorised was Carol Ditchburn (later Astbury), aged 24.

• His next shock was that citizens could choose their own celebrant—unheard of until then, both with church and with state.

• His next shock, a now obvious truth but still not fully absorbed, was his assertion that celebrating the milestones of life was just as important for secular people as it was for religious people.

• Shock seven. He acknowledged unbelievers and secular people as having a place of equal respect in society.

• His overwhelming conviction was his belief that culture and content—really matters. He particularly encouraged the use of poetry in ceremonies from the very beginning.[7]

According to Messenger and D'Arcy (opera.cit), the pioneer civil celebrants believed they were part of an innovative cultural challenge. They developed a deeper understanding of the purposes of ceremony, and believed celebrants should pursue excellence in every ceremony and in a variety of ceremonies.

To raise the general standard of civil ceremonies, given what they saw as the excessively legal cultural context they had inherited, they encouraged each couple to see more creative possibilities in the ceremony than the two of them might originally have envisaged. In this context the celebrant, as a resource person, needed to educate himself/herself in the artistic treasures of western culture appropriate for ceremony creation i.e. in poetry, prose, music, choreography, storytelling and symbolism i.e. the components of ceremony.

Since the Federal Government introduced celebrants in 1973, the appointment has been valid at any time, in any place anywhere in Australia. Up to 2013, the Marriage Celebrant Program has enabled over a million couples to be married in civil ceremonies. Celebrants were originally appointed based on geographic location and the perceived need for a celebrant in the area, but after 2003 their appointment was dependent on being a bureaucratically approved "fit and proper person".

Celebrant Civil Ceremonies distinct from Civil Ceremonies of the past

The Code of Practice, a section of the Regulations under the Marriage Act 1961, and to which celebrants are legally bound, requires that celebrants help provide a client-centred ceremony. It further recommends the following high standards of ceremonial preparation and delivery:

a marriage celebrant must recognise the social, cultural and legal significance of marriage and the marriage ceremony …

a marriage celebrant must maintain a high standard of service in his or her professional conduct and practice … a marriage celebrant must respect the importance of the marriage ceremony to the parties and the other persons organising the ceremony ... give the parties information and guidance to enable them to choose or compose a marriage ceremony that will meet their needs and expectations... If requested by the parties conduct a marriage ceremony rehearsal … Ensure that his or her personal presentation is of an appropriate standard for the marriage ceremony, and respect the expectations of the parties in relation to the ceremony … make efforts to ensure that the marriage ceremony is audible to all those present (using audio equipment, if required) … arrive at the venue for the marriage ceremony no later than the time agreed with the parties … ensure that the parties to each marriage receive a level of service that meets their separate and special requirements ...

accept evaluative comment from the parties, and use any comments to improve performance …

[17]

This distinguishes the Australian Civil Marriage Celebrant and the countries which follow the Australian model, from previous experiences of civil marriage, or from pre-conceived notions, often held especially in the UK and the USA that a civil marriage must be short, dry legal and soul-less.

As is clear from the Australian Code of Practice quoted above, a couple can, and often do, require that their marriage ceremony have all the traditional structure, content, dress, choreography and flow of a formal church ceremony. And originally, civil celebrants were instructed that the readings, ideals, values, vows, music (lyrics) which are expressed, must be secular and non-religious. In April 1976 the Attorney's General's Department instructed civil celebrants as follows:-

All celebrants are urged to ensure that the ceremony they use is appropriate for a civil marriage. They are reminded that the service they provide is a secular alternative to religious services which are reserved for church marriages. It would be therefore be out of character for any religious significance to be given to the ceremony. For the same reasons, the conduct of a civil marriage in a church is not encouraged and, understandably, could be the subject of criticism by church authorities and the public generally.

[18]

This admonition was repeated over ten years later (September 1986) in virtually the same words.[19] [20]

Dally Messenger III also claims that as the ceremony is either chosen or created by the couple, it can be affirmed as honest and authentic.[21] Or to give an American perspective on marriage which illustrates a reformed view of civil marriage we need only quote the New Jersey civil marriage celebrant Gerald Fierst:

A wedding ceremony is a crossroad where two life stories intersect.

A wedding ceremony takes the two lives that the individuals have traveled and transforms them into a single path upon which each life embarks, starting over. A wedding ceremony acknowledges the turning point, the choice to go on. It's the setting off on life's journey together, with the experiences of the past as a guide into the future.

A wedding ceremony is a story which tells the past, proclaims the present, and blesses the future.

[22][23][24]

Or in the words of Author and Celebrant Wendy Haynes:-

When it comes down to it, the jewel in the crown is the wedding ceremony... The purpose of the book is to inspire you, to give you ideas so you can shape the ceremony to fit your life and your commitment to each other.

[25]

Celebrant Organisations

Lionel Murphy himself founded the first celebrant organisation on May 3, 1974. He called all the celebrants he had appointed to that date to his office in Sydney. He explained to the celebrants who were present that the Labor Party was sure to lose the coming election. Celebrants would need an organisation so that they could speak with one voice, especially if their very existence was threatened by a Conservative (Liberal) Government. He appointed a well-known model Jill-Ellen Fuller as the inaugural President of the Australian Civil Marriage Celebrants Association (ACMCA). He placed his own personal secretary Maureen Barron as temporary secretary but soon officially appointed Dally Messenger III.[26]

(A separate organisation for Funeral Celebrants, the Association of Civil Funeral Celebrants, was formed on May 3, 1977.[27])

Apart from survival, the main activities of the ACMCA became to deal with the media, and to distribute and share (by mail) resources among the celebrants i.e. poems and quotations, for use in ceremonies.

Murphy exempted every civil celebrant from Section 45 of the Australian federal Marriage Act 1961. This is a legal "warning" or "Monitum" to the couple. Murphy believed the words to be sexist and inauthentic - i.e. wrong for not admitting the high rate of divorce.

After several years the ACMCA broke up into state organisations. Other organisations such as the Australian Federation of Civil Celebrants formed (Jan 28, 1994) which admitted Marriage, Funeral and Naming Celebrants.[28]

Review of 2003

Thirty years later, following an extensive review and the introduction of reforms by the federal Attorney-General, the marriage celebrant system changed. Since September 2003, prospective marriage celebrants have had to undergo Government-approved, accredited training in marriage celebrancy, and meet specific criteria set by the Attorney-General's Department to be declared a "fit and proper person" to hold the office of "marriage celebrant".

Registration

Registration provides the legal authority to practice as a marriage celebrant and a four-digit or five-digit alpha-numeric registration number. Once registered (or authorised as it is also known), the marriage celebrant can marry couples in virtually any location (e.g. reception centre "chapels", other chapels and de-consecrated churches, historic buildings, galleries, private homes, parks and gardens, beaches, headlands, boats etc.) and at any time of the day or night. The celebrant is responsible for processing and lodging all legal paperwork and registration of the marriage in accordance with defined procedures. This gives the Australian Civil Marriage Celebrant more status than they enjoy in other western countries but also additional legal responsibility.[29][30]

General celebrants

Many celebrants who are currently awaiting appointment as marriage celebrants and who cannot perform marriage ceremonies are practising as general celebrants in the community. Authorised marriage celebrants also frequently offer general celebrant services and since they are extra-legal, may also be conducted on an ad hoc basis by untrained people.

General celebrants perform a range of different extra-legal ceremonies including naming (namegiving) ceremonies;[31] funerals; renewal of wedding vows; anniversaries; significant birthday celebrations; commitment ceremonies for same-sex couples who are forbidden to marry under Australian law, or heterosexual couples who cannot marry for personal, financial, religious or legal reasons; memorials and or scattering of ashes ceremonies; boat-naming ceremonies; dedication of new home or office ceremonies; graduation ceremonies; naturalisation (citizenship) ceremonies; Becoming a Teenager (adolescence) and other ceremonies.

See also

References

  1. ^ "3310.0 - Marriages and Divorces, Australia, 2011 Marriage Celebrants". web page. Australian Bureau of Statistics. 30 November 2012. Retrieved 2 December 2012.
  2. ^ MARRIAGE ACT 1961
  3. ^ Marriage Amendment Bill 2002 Bills Digest 112 2001-02
  4. ^ Dally Messenger (2009). "The Power of an Idea: the History of Celebrancy". International College of Celebrancy. Retrieved 2012-12-30.
  5. ^ Dally Messenger (2002). "What is a Celebrant Anyway?". International College of Celebrancy. Retrieved 2012-11-23.
  6. ^ See the excellent graph, entitled "Major religious affiliations described in Australian censuses" in Christianity in Australia. Note the almost exclusive dominance of Christianity, especially Roman Catholic and Anglican (ca 60%) in Australia in the years 1971-1976, and the dramatic increase of the No religion/Not stated category to 2011.
  7. ^ a b Messenger III, Dally (2012), Murphy’s Law and the Pursuit of Happiness: a History of the Civil Celebrant Movement, Spectrum Publications, Melbourne (Australia), ISBN 978-0-86786-169-3
  8. ^ Dally Messenger (1992). "The Power of an Idea: The History of Celebrancy". International College of Celebrancy. Retrieved 2012-11-222. {{cite web}}: Check date values in: |accessdate= (help)
  9. ^ Lois D'Arcy (2009). "The Beginnings of Celebrancy". International College of Celebrancy. Retrieved 2012-11-22.
  10. ^ as quoted in Hocking, Jenny, 1997, Lionel Murphy - a Political Biography, Cambridge, Cambridge UK (and the Bibliography found in Hocking J., 1997) ISBN 0521 79485 4, p.vi.
  11. ^ Blackshield, A.R., Brown, D., Coper, M., and Krever, R. (eds) The Judgments of Lionel Murphy Primavera Press, Sydney, 1986.
  12. ^ Coper, Michael and Williams, George, (Eds) Justice Lionel Murphy, Federation Press, Sydney 1996 ISBN 0 86287 262 7
  13. ^ Scutt, J.(ed), 1987, Lionel Murphy: A Radical Judge, McCulloch, Melbourne, 1987
  14. ^ Venturini, G. (ed), 1994, Five Voices for Lionel, Federation Press, Sydney
  15. ^ Venturini, G. (ed), 2000, In the Name Lionel, Never Give In Press, Morewell Victoria, ISBN 0 646 39247 6
  16. ^ FILM: Dellora D.,1991, Mr Neal is entitled to be an Agitator, 58 Minute Documentary Film, Film Art Doco Pty Ltd, Aust.
  17. ^ Attorney General's Department, Marriage Regulations 1963, Code of Practice for Marriage Celebrants, Canberra, Reprint 3 October 27, 2003, pp.122-123 ISBN 1920838155
  18. ^ Attorney-Generals Department, Circular to all Private Persons authorised as Civil Marriage Celebrants, Canberra ACT, April 1976, p2
  19. ^ Attorney-Generals Department, Information for Civil Marriage Celebrants, Canberra ACT, September 1986, p2
  20. ^ Nine years later this instruction was partially modified, and after the changes of 2003, when the same authorisation applied to clergy from small churches and civil celebrants the lines became completely blurred.
  21. ^ Messenger III, Dally (1999), Ceremonies and Celebrations, Hachette -Livre Australia (Sydney), ISBN 978-0-7336-2317-2 pp. 16ff
  22. ^ Fierst, Gerald, The Heart of the Wedding, Parkhurst Brothers, Chicago, 2011, ISBN 978-1-935166-22-1 p.76ff
  23. ^ Cant, Sally, The Heart and Soul of Celebrancy - A Guide to Creating Memorable Ceremonies, Pennon Publishing, Melbourne 2009 ISBN 978-1-920997-13-7
  24. ^ Van Gramberg, Ruth, The Practical Handbook for Celebrants to Welcome Celebrate and Farewell, Longueville Books, Woollahra (Australian Marriage Celebrants Inc), 2011, ISBN 978-0987066-0-84 p.66
  25. ^ Haynes Wendy, Create Your Own Inspiring Wedding Ceremony, Wendy Haynes, Coffs Harbour, 2005, ISBN 0-9757338-0-X pp.1ff
  26. ^ Messenger III, Dally (2012), Murphy’s Law and the Pursuit of Happiness: a History of the Civil Celebrant Movement, Spectrum Publications, Melbourne (Australia), ISBN 978-0-86786-169-3, p57
  27. ^ Messenger III, Dally (2012), Murphy’s Law and the Pursuit of Happiness: a History of the Civil Celebrant Movement, Spectrum Publications, Melbourne (Australia), ISBN 978-0-86786-169-3, p159
  28. ^ Messenger III, Dally (2012), Murphy’s Law and the Pursuit of Happiness: a History of the Civil Celebrant Movement, Spectrum Publications, Melbourne (Australia), ISBN 978-0-86786-169-3, p207
  29. ^ Messenger, Dally (1999), Ceremonies and Celebrations, Hachette -Livre Australia (Sydney), ISBN 978-0-7336-2317-2
  30. ^ Messenger, Dally (2012), Murphy’s Law and the Pursuit of Happiness: a History of the Civil Celebrant Movement, Spectrum Publications, Melbourne (Australia), ISBN 978-0-86786-169-3
  31. ^ Haynes, Wendy, How to Create an Inspiring Naming Ceremony, Boolarong Press, Salisbury-Brisbane-Australia, 2007, ISBN 978-0975733-83-7
  • [1], Attorney General's Department, Australian Government.