Same-sex marriage in New Zealand: Difference between revisions

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A bill for the legalisation of [[same-sex marriage]] was passed by [[New Zealand Parliament]] on 17 April 2013, 77 votes to 44 in its third and final reading in the [[New Zealand House of Representatives]], and awaits the formality of [[Royal Assent]]. Same sex marriage will then be permitted four months to the day after Royal Assent, likely to be late in August 2013.<ref>{{cite web|title=Same-sex marriage law passed|url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10878200|work=The New Zealand Herald|accessdate=17 April 2013|author=Isaac Davison|date=17 April 2013}}</ref>
[[Same-sex marriage]] is presently not <!--- yet; don't change this until the bill passes Third Reading ---> permitted in [[New Zealand]]. [[Civil union]]s, which provide most of the rights and responsibilities of marriage, have been permitted since April 2005. {{As of|March 2013}}, legislation to allow same-sex marriage is being considered by [[New Zealand Parliament|Parliament]] and, having passed its [[House of Representatives of New Zealand#Passage of legislation|second reading]], awaits its third and final reading before it can become law.


The [[Marriage Act 1955]] is the main Act of Parliament regulating marriage in New Zealand. The Act neither specifically bans nor specifically authorises same-sex marriage. Decisions by the courts are the basis for the existing bar, which can be overturned only by legislation.
The [[Marriage Act 1955]] is the main Act of Parliament regulating marriage in New Zealand. The Act neither specifically bans nor specifically authorises same-sex marriage. Decisions by the courts are the basis for the existing bar, which can be overturned only by legislation.
Line 54: Line 54:


===Marriage (Definition of Marriage) Amendment Bill===
===Marriage (Definition of Marriage) Amendment Bill===
{{Main|Marriage (Definition of Marriage) Amendment Bill}}


On 14 May 2012, [[New Zealand Labour Party|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.<ref>{{cite news |url= http://www.stuff.co.nz/national/politics/6915784/MP-drafting-gay-marriage-bill MP drafting gay marriage bill |title= MP drafting gay marriage bill |first1= John |last1= Hartevelt |first2= Dayna |last2= Levy |publisher= Fairfax media (via Stuff.co.nz) |date= 14 May 2012 |accessdate= 29 August 2012}}</ref> The bill was submitted to the members' bill ballot on 30 May 2012.<ref>{{cite web |url= http://www.parliament.nz/en-NZ/PB/Legislation/ProposedBills/8/f/4/50HOH_MEMBILL074_1-Marriage-Definition-of-Marriage-Amendment-Bill.htm |title= Marriage (Definition of Marriage) Amendment Bill – Proposed Members' Bills – Legislation |publisher= New Zealand Parliament |date= 30 May 2012 |accessdate= 18 July 2012}}</ref> It was drawn from the ballot and passed the first and second readings on 29 August 2012 and 13 March 2013, respectively.<ref>{{cite news |title=Marriage bill passes first reading |first1=Kate |last1=Shuttleworth |first2=Audrey |last2=Young |url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10830345 |newspaper=The New Zealand Herald |date=29 August 2012 |accessdate=29 August 2012}}</ref><ref>{{cite news |url=http://www.stuff.co.nz/national/politics/8422263/Passions-fly-as-MPs-vote-on-gay-marriage |publisher =Fairfax Media (via Stuff.co.nz) |title=Passions fly as MPs vote on gay marriage |first= Tracy |last= Watkins |date=14 March 2013 |accessdate= 14 March 2013}}</ref> The final reading passed on 17 April 2013 by 77 votes to 44. On receiving [[Royal Assent]] from the Governor-General, the bill will become law, enabling same-sex marriages four months later.<ref>[http://www.abc.net.au/news/2013-04-17/nz-legalises-same-sex-marriage/4635086 NZ legalises same-sex marriage]</ref><ref>[http://tvnz.co.nz/national-news/gay-marriage-bill-passed-5409720 Gay marriage bill passed]</ref>
====Introduction and initial discussion====
On 14 May 2012, [[New Zealand Labour Party|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.<ref>{{cite news |url= http://www.stuff.co.nz/national/politics/6915784/MP-drafting-gay-marriage-bill MP drafting gay marriage bill |title= MP drafting gay marriage bill |first1= John |last1= Hartevelt |first2= Dayna |last2= Levy |publisher= Fairfax media (via Stuff.co.nz) |date= 14 May 2012 |accessdate= 29 August 2012}}</ref> The bill was submitted to the members' bill ballot on 30 May 2012.<ref>{{cite web |url= http://www.parliament.nz/en-NZ/PB/Legislation/ProposedBills/8/f/4/50HOH_MEMBILL074_1-Marriage-Definition-of-Marriage-Amendment-Bill.htm |title= Marriage (Definition of Marriage) Amendment Bill – Proposed Members' Bills – Legislation |publisher= New Zealand Parliament |date= 30 May 2012 |accessdate= 18 July 2012}}</ref> [[Green Party of Aotearoa New Zealand|Green Party]] MP [[Kevin Hague]] also submitted a same-sex marriage bill, the Marriage (Equality) Amendment Bill, to the ballot on 24 June.<ref>{{cite web |url= http://www.parliament.nz/en-NZ/PB/Legislation/ProposedBills/0/b/3/50HOH_MEMBILL080_1-Marriage-Equality-Amendment-Bill.htm |title= Marriage (Equality) Amendment Bill – Proposed Members' Bills – Legislation |publisher= New Zealand Parliament |date= 24 June 2012 |accessdate= 18 July 2012}}</ref> Wall and Hague stated that they planned to work together in support of whichever bill comes up first.<ref>[http://www.gaynz.com/articles/publish/2/article_11881.php Both Hague and Wall's Bills go into ballot]</ref>

On 26 July 2012, a ballot draw of five members' bills saw Wall's [http://www.legislation.govt.nz/bill/member/2012/0039/latest/versions.aspx Marriage (Definition of Marriage) Amendment Bill] drawn and introduced.<ref>{{cite web |url= http://www.parliament.nz/en-NZ/PB/Legislation/ProposedBills/Ballot/2/2/f/00HOOOCBallot201207261-Members-bills-ballot-for-Thursday-26-July-2012.htm |title= Members' bills ballot – 26 July 2012 |publisher= New Zealand Parliament |date= 26 July 2012 |accessdate= 26 July 2012}}</ref><ref name="NZH-MPs-to-vote">{{cite news |url= http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10822370 |title= MP's to vote on gay marriage |first1= Isaac |last1= Davison |first2= Kate |last2= Shuttleworth |publisher= The New Zealand Herald |date= 26 July 2012 |accessdate= 26 July 2012}}</ref> In its introductory form, the bill would insert a definition of "marriage" into Section 2 of the Marriage Act 1955 as "the union of 2 people regardless of their sex, sexual orientation, or gender identity"; it would also 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,<ref>{{cite news |url= http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=10805945 |title= Key hedges bets on gay marriage |first= Claire |last=Trevett |publisher= The New Zealand Herald |date= 15 May 2012 |accessdate= 19 September 2012}}</ref> but after Louisa Wall's bill was drawn Key stated that he would support it through all stages.<ref>{{cite news |url= http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10823210 |title= Gay marriage gets PM's full support |first= Kate |last= Shuttleworth |publisher= New Zealand Herald |date= 30 July 2012 |accessdate= 31 July 2012}}</ref> Opposition leader [[David Shearer]] also declared his support for Wall's bill and said that Labour Party MPs would be allowed to cast conscience votes.<ref name="NZH-MPs-to-vote"/> [[New Zealand First]] announced it would abstain, and that the legalisation of same-sex marriage should be put to a referendum.<ref>{{cite news |url= http://www.3news.co.nz/NZ-First-will-abstain-in-gay-marriage-vote/tabid/1607/articleID/263379/Default.aspx |title= NZ First will abstain in gay marriage vote |first= Lloyd |last= Burr |publisher= 3 News |date= 31 July 2012 |accessdate= 20 August 2012}}</ref> However, at the first reading, all New Zealand First MPs opposed the bill, largely because abstentions reduce the majority needed for a bill to pass.<ref name="nzh numbers">{{cite web |url= http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10830383 |title=Marriage equality bill: How MPs voted – National – NZ Herald News |work=nzherald.co.nz |date=29 August 2012 |accessdate=30 August 2012}}</ref>

====First reading====
[[File:Marriage (Definition of Marriage) Amendment Bill - electorate MP voting.svg|thumb|250px|right|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. The vote was originally recorded as 78 votes in favour and three abstentions, due to the National Party [[Whip (politics)|whips]] forgetting to cast proxy votes in favour for John Banks and Peter Dunne (both National Party whips voted against the bill and therefore were in the wrong lobby to cast votes in favour).<ref name="DOM-bill-first-reading" /><ref>{{cite news |title=Marriage bill passes first reading |first1=Kate |last1=Shuttleworth |first2=Audrey |last2=Young |url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10830345 |newspaper=The New Zealand Herald |date=29 August 2012 |accessdate=29 August 2012}}</ref>

{| class="wikitable" style="width:55%"
|+ Marriage (Definition of Marriage) Amendment Bill – First Reading<ref>{{cite news |title=Marriage equality bill: How MPs voted |url=http://www.nzherald.co.nz/gay-marriage/news/article.cfm?c_id=1503276&objectid=10830383 |newspaper=The New Zealand Herald |date=29 August 2012 |accessdate=29 August 2012}}</ref>
|-
! style="width:20%;" colspan="2"| Party !! style="width:13%;"| Votes for !! style="width:13%;"| Votes against !! style="width:10%;"| Abstentions
|-
{{party name with colour|New Zealand National Party}}
| {{collapsible list |title= 30 |1=[[Amy Adams]] |2=[[Chris Auchinvole]] |3=[[Maggie Barry]] |4=[[Paula Bennett]] |5=[[Jackie Blue]] |6= [[Gerry Brownlee]] |7=[[Cam Calder]] |8= [[David Carter (politician)|David Carter]] |9=[[Jonathan Coleman (politician)|Jonathan Coleman]] |10= [[Judith Collins]] |11= [[Jacqui Dean]] |12= [[Craig Foss]] |13= [[Paul Goldsmith]] |14= [[Jo Goodhew]] |15= [[Tim Groser]] |16= [[Tau Henare]] |17= [[Paul Hutchison]] |18= [[Steven Joyce]] |19= [[Nikki Kaye]] |20= [[John Key]] |21= [[Murray McCully]] |22= [[Ian McKelvie]] |23= [[Hekia Parata]] |24= [[Jami-Lee Ross]] |25= [[Scott Simpson (politician)|Scott Simpson]] |26= [[Lockwood Smith]] |27= [[Chris Tremain]] |28= [[Nicky Wagner]] |29= [[Kate Wilkinson]] |30= [[Maurice Williamson]]}}
| {{collapsible list |title= 29 |1= [[Shane Ardern]] |2= [[Kanwaljit Singh Bakshi]] |3= [[David Bennett (politician)|David Bennett]] |4= [[Chester Borrows]] |5= [[Simon Bridges]] |6= [[Bill English]] |7= [[Chris Finlayson]] |8= [[Nathan Guy]] |9= [[John Hayes (New Zealand politician)|John Hayes]] |10= [[Phil Heatley]] |11= [[Colin King]] |12= [[Melissa Lee]] |13= [[Sam Lotu-Iiga]] |14= [[Tim Macindoe]] |15= [[Todd McClay]] |16= [[Mark Mitchell (politician)|Mark Mitchell]] |17= [[Alfred Ngaro]] |18= [[Simon O'Connor]] |19= [[Eric Roy]] |20= [[Tony Ryall]] |21= [[Mike Sabin]] |22= [[Katrina Shanks]] |23= [[Nick Smith (New Zealand politician)|Nick Smith]] |24= [[Lindsay Tisch]] |25= [[Anne Tolley]] |26= [[Louise Upston]] |27= [[Michael Woodhouse]] |28= [[Jian Yang]] |29= [[Jonathan Young (politician)|Jonathan Young]]}}
| –
|-
{{party name with colour|New Zealand Labour Party}}
| {{collapsible list |title= 30 |1= [[Jacinda Ardern]] |2= [[Charles Chauvel (politician)|Charles Chauvel]] |3= [[David Clark (New Zealand politician)|David Clark]] |4= [[Clayton Cosgrove]] |5= [[David Cunliffe (politician)|David Cunliffe]] |6= [[Clare Curran]] |7= [[Lianne Dalziel]] |8= [[Ruth Dyson]] |9= [[Kris Faafoi]] |10= [[Darien Fenton]] |11= [[Phil Goff]] |12= [[Chris Hipkins]] |13= [[Parekura Horomia]] |14= [[Shane Jones]] |15= [[Annette King]] |16= [[Iain Lees-Galloway]] |17= [[Andrew Little (New Zealand politician)|Andrew Little]] |18= [[Moana Mackey]] |19= [[Nanaia Mahuta]] |20= [[Trevor Mallard]] |21= [[Sue Moroney]] |22= [[David Parker (politician)|David Parker]] |23= [[Rajen Prasad]] |24= [[Grant Robertson]] |25= [[David Shearer]] |26= [[Maryan Street]] |27= [[Rino Tirikatene]] |28= [[Phil Twyford]] |29= [[Louisa Wall]] |30= [[Megan Woods]]}}
| {{collapsible list |title= 3 |1= [[Damien O'Connor]] |2= [[Ross Robertson]] |3= [[Su'a William Sio]]}}
| {{collapsible list |title= 1 |1= [[Raymond Huo]]}}
|-
{{party name with colour|Green Party of Aotearoa New Zealand}} || {{collapsible list |title= 14 |1= [[Steffan Browning]] |2= [[David Clendon]] |3= [[Catherine Delahunty]] |4= [[Julie Anne Genter]] |5= [[Kennedy Graham]] |6= [[Kevin Hague]] |7= [[Gareth Hughes (politician)|Gareth Hughes]] |8= [[Jan Logie]] |9= [[Mojo Mathers]] |10= [[Russel Norman]] |11= [[Denise Roche]] |12= [[Eugenie Sage]] |13= [[Metiria Turei]] |14= [[Holly Walker]]}}
| – || –
|-
{{party name with colour|New Zealand First}} || – || 8 <!--Winston Peters--> || –
|-
{{party name with colour|Māori Party}} || {{collapsible list |title= 3 |1= [[Tariana Turia]] |2= [[Pita Sharples]] |3= [[Te Ururoa Flavell]]}}
| – || –
|-
{{party name with colour|Mana Party (New Zealand)}} || {{collapsible list |title= 1 |1= [[Hone Harawira]]}}
| – || –
|-
{{party name with colour|ACT New Zealand}} || {{collapsible list |title= 1 |1= [[John Banks (New Zealand politician)|John Banks]]}}
| – || –
|-
{{party name with colour|United Future}} || {{collapsible list |title= 1 |1= [[Peter Dunne]]}}
| – || –
|-
!colspan=2| Total !! 80 !! 40 !! 1
|}

====Select committee stage====
The bill was subsequently referred to the Government Administration [[New Zealand House of Representatives#Select Committee stage|Select Committee]] for further consideration and public input.<ref name="DOM-bill-first-reading">{{cite web |url= http://www.parliament.nz/en-NZ/PB/Debates/Debates/a/c/d/50HansD_20120829_00000032-Marriage-Definition-of-Marriage-Amendment.htm |title= Marriage (Definition of Marriage) Amendment Bill – First Reading |publisher= Hansard Office, New Zealand Parliament |date= 29 August 2012 |accessdate= 31 August 2012}}</ref> Public submissions for the bill closed on {{nowrap|26 October 2012}}, with 21,533 written submissions received, not including the six submissions received that were deemed inappropriate or offensive. Of the submissions, 2,898 were unique submissions, while the remaining 18,635 were form submissions.<ref>{{cite web |url= http://www.parliament.nz/en-NZ/PB/Business/QOA/d/a/0/50HansQ_20130219_00001001-1-Marriage-Definition-of-Marriage-Amendment.htm |title= Marriage (Definition of Marriage) Amendment Bill—Submissions Received |publisher= Hansard Office, New Zealand Parliament |date= 19 February 2013 |accessdate= 19 February 2013}}</ref> In her submission to the select committee, Bill author Louisa Wall said she believed "hang ups" over homosexuality, especially among older New Zealanders, were behind opposition to the bill.<ref>{{cite news|url=http://www.3news.co.nz/Homosexual-hang-ups-behind-opponents/tabid/1607/articleID/275814/Default.aspx|work=3 News NZ | title= Homosexual 'hang ups' behind opponents| date=7 November 2012}}</ref> Oral submissions were heard by the committee in Auckland, Wellington and Christchurch from 220 submitters.<ref name="DOM-committee-report" />

The committee reported back on {{nowrap|27 February 2013}}, the day before the 28 February deadline given, recommending that the bill proceed with amendments.<ref name="DOM-committee-report">{{cite web |url= http://www.parliament.nz/NR/rdonlyres/3955C9B8-9FCF-4EF8-B39B-6B4BE630B0D7/264032/DBSCH_SCR_5764_MarriageDefinitionofMarriageAmendme.pdf |title= Marriage (Definition of Marriage) Amendment Bill—as reported from the Government Administration Committee |publisher= New Zealand Parliament |date= 27 February 2013 |accessdate= 27 February 2013}}</ref><ref name="NZH-bill-committee-recommendation">{{cite news |url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10868100|work=New Zealand Herald | title= Committee approves gay marriage bill | date=27 February 2013}}</ref>
The amendments included:
* the insertion of a second clause in Section 29 of the Marriage Act to clarify that marriage celebrants acting on behalf of an organisation (such as a church) would not be compelled to solemnise marriages against the beliefs of that organisation.
* the delay of the commencement of the bill from the day after Royal Assent to four months after Royal Assent to allow the Department of Internal Affairs time to implement necessary changes before issuing the first marriage licences.
* consequential amendments to fourteen other Acts of Parliament and one Regulation.

====Second reading====
The second reading of the bill in Parliament took place on 13 March 2013. During the debate, New Zealand First leader [[Winston Peters]] moved that the second reading motion (''That the Marriage (Definition of Marriage) Amendment Bill be read a second time'') be amended to read ''That a referendum be held at the time of the next general election to decide whether the Marriage Act 1955 should be amended to recognise marriage between 2 people, regardless of their sex, sexual orientation, or gender identity.'' The proposed amendment to the motion (Supplementary Order Paper 182) was defeated 83 votes opposed to 33 votes in favour.<ref name="par">{{cite web |url= http://www.parliament.nz/en-NZ/PB/Debates/Debates/1/4/0/50HansD_20130313_00000036-Marriage-Definition-of-Marriage-Amendment.htm |title= Marriage (Definition of Marriage) Amendment Bill – Second Reading |publisher= Hansard Office, New Zealand Parliament |date= 13 March 2013 |accessdate= 25 March 2013}}</ref>

As is procedure, Members of Parliament first voted on whether the select committee amendments be accepted before proceeding to the second reading vote. The amendments were agreed to, 66 votes in favour to 21 opposed.<ref name="par"/>

The bill passed its second reading, 77 votes in favour to 44 opposed.<ref name="par"/><ref>{{cite news |url=http://www.stuff.co.nz/national/politics/8422263/Passions-fly-as-MPs-vote-on-gay-marriage |publisher =Fairfax Media (via Stuff.co.nz) |title=Passions fly as MPs vote on gay marriage |first= Tracy |last= Watkins |date=14 March 2013 |accessdate= 14 March 2013}}</ref> Four National MPs who voted in support of the bill at the first reading voted in opposition at the second reading, while the sole absention from the first reading voted in support the bill.

{| class="wikitable" style="width:45%"
|+ Marriage (Definition of Marriage) Amendment Bill – Second Reading<ref name="NZ Herald">{{cite news |url= http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10871107 |title= Gay bill bolts over hurdle |first= Isaac |last= Davison |publisher= The New Zealand Herald |date= 14 March 2013 |accessdate= 14 March 2013}}</ref>
|-
! style="width:20%;" colspan="2"| Party !! style="width:13%;"| Votes for !! style="width:13%;"| Votes against
|-
{{party name with colour|New Zealand National Party}} (59)
| {{collapsible list |title= 26 |1=[[Amy Adams]] |2=[[Chris Auchinvole]] |3=[[Maggie Barry]] |4=[[Paula Bennett]] |5=[[Jackie Blue]] |6=[[Cam Calder]] |7= [[David Carter (politician)|David Carter]] |8= [[Judith Collins]] |9= [[Jacqui Dean]] |10= [[Craig Foss]] |11= [[Aaron Gilmore]] |12= [[Paul Goldsmith]] |13= [[Jo Goodhew]] |14= [[Tim Groser]] |15= [[Tau Henare]] |16= [[Paul Hutchison]] |17= [[Steven Joyce]] |18= [[Nikki Kaye]] |19= [[John Key]] |20= [[Hekia Parata]] |21= [[Jami-Lee Ross]] |22= [[Scott Simpson (politician)|Scott Simpson]] |23= [[Chris Tremain]] |24= [[Nicky Wagner]] |25= [[Kate Wilkinson]] |26= [[Maurice Williamson]]}}
| {{collapsible list |title= 33 |1= [[Shane Ardern]] |2= [[Kanwaljit Singh Bakshi]] |3= [[David Bennett (politician)|David Bennett]] |4= [[Chester Borrows]] |5= [[Simon Bridges]] |6= [[Gerry Brownlee]] |7= [[Jonathan Coleman (politician)|Jonathan Coleman]] |8= [[Bill English]] |9= [[Chris Finlayson]] |10= [[Nathan Guy]] |11= [[John Hayes (New Zealand politician)|John Hayes]] |12= [[Phil Heatley]] |13= [[Colin King]] |14= [[Melissa Lee]] |15= [[Sam Lotu-Iiga]] |16= [[Tim Macindoe]] |17= [[Todd McClay]] |18= [[Murray McCully]] |19= [[Ian McKelvie]] |20= [[Mark Mitchell (politician)|Mark Mitchell]] |21= [[Alfred Ngaro]] |22= [[Simon O'Connor]] |23= [[Eric Roy]] |24= [[Tony Ryall]] |25= [[Mike Sabin]] |26= [[Katrina Shanks]] |27= [[Nick Smith (New Zealand politician)|Nick Smith]] |28= [[Lindsay Tisch]] |29= [[Anne Tolley]] |30= [[Louise Upston]] |31= [[Michael Woodhouse]] |32= [[Jian Yang]] |33= [[Jonathan Young (politician)|Jonathan Young]]}}
|-
{{party name with colour|New Zealand Labour Party}} (34)
| {{collapsible list |title= 31 |1= [[Jacinda Ardern]] |2= [[Carol Beaumont]] |3= [[David Clark (New Zealand politician)|David Clark]] |4= [[Clayton Cosgrove]] |5= [[David Cunliffe (politician)|David Cunliffe]] |6= [[Clare Curran]] |7= [[Lianne Dalziel]] |8= [[Ruth Dyson]] |9= [[Kris Faafoi]] |10= [[Darien Fenton]] |11= [[Phil Goff]] |12= [[Chris Hipkins]] |13= [[Parekura Horomia]] |14= [[Raymond Huo]] |15= [[Shane Jones]] |16= [[Annette King]] |17= [[Iain Lees-Galloway]] |18= [[Andrew Little (New Zealand politician)|Andrew Little]] |19= [[Moana Mackey]] |20= [[Nanaia Mahuta]] |21= [[Trevor Mallard]] |22= [[Sue Moroney]] |23= [[David Parker (politician)|David Parker]] |24= [[Rajen Prasad]] |25= [[Grant Robertson]] |26= [[David Shearer]] |27= [[Maryan Street]] |28= [[Rino Tirikatene]] |29= [[Phil Twyford]] |30= [[Louisa Wall]] |31= [[Megan Woods]]}}
| {{collapsible list |title= 3 |1= [[Damien O'Connor]] |2= [[Ross Robertson]] |3= [[Su'a William Sio]]}}
|-
{{party name with colour|Green Party of Aotearoa New Zealand}} (14)
| {{collapsible list |title= 14 |1= [[Steffan Browning]] |2= [[David Clendon]] |3= [[Catherine Delahunty]] |4= [[Julie Anne Genter]] |5= [[Kennedy Graham]] |6= [[Kevin Hague]] |7= [[Gareth Hughes (politician)|Gareth Hughes]] |8= [[Jan Logie]] |9= [[Mojo Mathers]] |10= [[Russel Norman]] |11= [[Denise Roche]] |12= [[Eugenie Sage]] |13= [[Metiria Turei]] |14= [[Holly Walker]]}}
| –
|-
{{party name with colour|New Zealand First}} (7)
| –
| {{collapsible list |title= 7 |1= [[Asenati Lole-Taylor]] |2= [[Tracey Martin]] |3= [[Winston Peters]] |4= [[Richard Prosser]] |5= [[Barbara Stewart]] |6= [[Andrew Williams]] |7= [[Denis O'Rourke]]}}
|-
{{party name with colour|Māori Party}} (3)
| {{collapsible list |title=3 |1= [[Pita Sharples]] |2= [[Te Ururoa Flavell]] |3= [[Tariana Turia]]}}
| –
|-
{{party name with colour|Mana Party (New Zealand)}} (1)
| {{collapsible list |title=1 |1= [[Hone Harawira]]}}
| –
|-
{{party name with colour|ACT New Zealand}} (1)
| {{collapsible list |title=1 |1= [[John Banks]]}}
| –
|-
{{party name with colour|United Future}} (1)
| {{collapsible list |title=1 |1= [[Peter Dunne]]}}
| –
|-
{{party name with colour|Independent (politician)}} (1)
| –
| {{collapsible list |title=1 |1= [[Brendan Horan]]}}
|-
!colspan=2| Total !! 77 !! 44
|}

====Committee of the Whole House====
The Committee of the Whole House, where members of parliament debate and vote on the bill clause-by-clause and propose amendments, took place on 27 March 2013.

New Zealand First leader [[Winston Peters]] and independent MP [[Brendan Horan]] introduced two supplementary order papers (SOPs), numbers 187 and 188 which seek to amend the legislation in question and arrange for a binding referendum on the question. These were replicas of two earlier SOPs, numbers 182 and 183, which were debated and defeated during the second reading.<ref>[http://www.legislation.govt.nz/sop/members/2013/0187/latest/096be8ed80a42a95.pdf Supplementary Order Paper No 187]</ref><ref>[http://www.legislation.govt.nz/sop/members/2013/0188/latest/096be8ed80a4492e.pdf Supplementary Order Paper No 188]</ref> On the day of the vote, conservative Labour MP [[Su'a William Sio]] moved SOP 202, which sought to uphold the right of individual celebrants to refuse to preside over same-sex weddings, while National MP [[Tim Macindoe]] sought to introduce SOP 203, which would widen the 'right to discriminate' on the basis of service provision to conservative Christian caterers, bakers, wedding photographers, public registrars and others engaged in secular occupations who objected to same-sex marriage.<ref>[http://www.legislation.govt.nz/sop/government/2013/0202/latest/whole.html Supplementary Order Paper No 202]</ref><ref>{{cite web |url= http://www.legislation.govt.nz/sop/government/2013/0203/latest/whole.html |title= Supplementary Order Paper No 203}}</ref>

The first two amendments were declared as out of order under Standing Order 298(1);<ref group="nb">Standing Order 298(1) states "A committee of the whole House considers a bill to determine whether the bill properly incorporates the principles or objects of the bill as read a second time by the House". In other words, the Committee could not accept the amendments as they were against what the House voted for at the Second Reading (i.e. turning down a referendum on the issue).</ref> the other two were voted down by the House (SOP 202 by 22 votes to 88, SOP 203 by 36 votes to 80). The bill passed the committee stage 77 votes to 43 – the same as the second reading with the exception that [[Gerry Brownlee]] (National) did not vote and could not cast a [[proxy vote]].<ref>[http://www.parliament.nz/en-NZ/PB/Debates/Debates/0/9/7/50HansD_20130327_00000028-Marriage-Definition-of-Marriage-Amendment.htm Marriage (Definition of Marriage) Amendment Bill — In Committee]</ref><ref>{{cite news |url= http://www.stuff.co.nz/national/politics/8481351/Gay-marriage-bill-could-pass-next-month |title= Gay marriage bill could pass next month |first= Kate |last= Chapman |publisher= Fairfax Media (via Stuff.co.nz) |date= 27 March 2013 |accessdate= 28 March 2013}}</ref>

====Third reading====

A third and final reading would follow the next member's day after the Committee of the house has concluded. The third reading could come as early as 17 April 2013 (being the next member's day after 27 March).<ref name="NZ Herald"/> If the bill passes its third reading, the bill will then go to the [[Governor-General of New Zealand|Governor-General]] to receive the [[Royal Assent]], on which it will become an official Act of Parliament (the Marriage (Definition of Marriage) Amendment Act 2013). The first marriage licences would be able to be issued to same-sex couples in August 2013.<ref>[http://www.gaystarnews.com/article/gay-couples-new-zealand-could-marry-august130313 Gay couples in New Zealand could marry by August]</ref>


==Public opinion==
==Public opinion==

===Opinion polls===
===Opinion polls===
{| class="wikitable"
{| class="wikitable"
Line 195: Line 80:
|-
|-
| style="background:#f0f0f0;"| 6–9 July 2011<ref name = "RNZ2011">
| style="background:#f0f0f0;"| 6–9 July 2011<ref name = "RNZ2011">
{{cite web |url=http://www.researchnz.com/pdf/Media%20Releases/RNZ%20Media%20Release%20-%202011-07-12%20Same%20sex%20marriages.pdf |title=RNZ Media Release: Same Sex Marriages |publisher=Research New Zealand |date=12 July 2011 |accessdate=2011-07-19}}</ref>|| Research New Zealand || 500 || 60% || || 34% || 4% || ±4.6%
{{cite web |url=http://www.researchnz.com/pdf/Media%20Releases/RNZ%20Media%20Release%20-%202011-07-12%20Same%20sex%20marriages.pdf |title=RNZ Media Release: Same Sex Marriages |publisher=Research New Zealand |date=12 July 2011 |accessdate=19 July 2011}}</ref>|| Research New Zealand || 500 || 60% || || 34% || 4% || ±4.6%
|-
|-
| style="background:#f0f0f0;"| 26–30 May 2012<ref name = "Colmar2012">
| style="background:#f0f0f0;"| 26–30 May 2012<ref name = "Colmar2012">
Line 218: Line 103:


===Public campaigns===
===Public campaigns===
The Legalise Love campaign was launched in August 2011 to promote legal marriage and adoption equality in New Zealand,<ref>{{cite web|url=http://www.gaynz.com/articles/publish/2/article_10752.php |title='Legalise Love' campaign formally launched |publisher=GayNZ|date=22 August 2011 |accessdate=2011-11-30}}</ref> and a protest was organised at the [[New Zealand Parliament Buildings]] in October that year.<ref>{{cite web |url=http://www.3news.co.nz/Pro-gay-marriage-protest-hits-Parliament/tabid/423/articleID/230233/Default.aspx|title=Pro-gay marriage protest hits Parliament |publisher=3 News |date=20 October 2011 |accessdate=2011-11-30}}</ref><ref>{{cite web|url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10760505 |title=Calls for gay marriage to be on election agenda|author=Amelia Romanos and Sharon Lundy |publisher=New Zealand Herald |date=20 October 2011 |accessdate=2011-11-30}}</ref> In December 2012, former Governor-General [[Catherine Tizard]] starred in an online video campaign organised by the Campaign for Marriage Equality supporting same-sex marriage, alongside New Zealand singers [[Anika Moa]], [[Boh Runga]] and [[Hollie Smith]], as well as Olympian [[Danyon Loader]].<ref>{{cite news| url= http://www.3news.co.nz/Equal-marriage-campaign-says-its-about-love/tabid/1607/articleID/279441/Default.aspx|work=3 News NZ |title= Marriage equality 'about love'| date=6 December 2012}}</ref> The [[Human Rights Commission (New Zealand)|Human Rights Commission]], which also supports same-sex marriage, said that if the Marriage (Definition of Marriage) Amendment Bill is passed churches will not be forced to perform a marriage between same-sex couples.<ref>{{cite news|url=http://www.stuff.co.nz/national/politics/7988744/Gay-marriage-not-forced-on-churches|title=Gay marriage 'not forced on churches'|last=Chapman|first=Kate|date=23 November 2012|publisher=Fairfax NZ News|accessdate=25 December 2012}}</ref>
The Legalise Love campaign was launched in August 2011 to promote legal marriage and adoption equality in New Zealand, and a protest was organised at the [[New Zealand Parliament Buildings]] in October that year.<ref>{{cite web|url=http://www.gaynz.com/articles/publish/2/article_10752.php |title='Legalise Love' campaign formally launched |publisher=GayNZ|date=22 August 2011 |accessdate=30 November 2011}}</ref><ref>{{cite web |url=http://www.3news.co.nz/Pro-gay-marriage-protest-hits-Parliament/tabid/423/articleID/230233/Default.aspx|title=Pro-gay marriage protest hits Parliament |publisher=3 News |date=20 October 2011 |accessdate=30 November 2011}}</ref><ref>{{cite web|url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10760505 |title=Calls for gay marriage to be on election agenda|author=Amelia Romanos and Sharon Lundy |publisher=New Zealand Herald |date=20 October 2011 |accessdate=30 November 2011}}</ref> In December 2012, former Governor-General [[Catherine Tizard]] starred in an online video campaign organised by the Campaign for Marriage Equality supporting same-sex marriage, alongside New Zealand singers [[Anika Moa]], [[Boh Runga]] and [[Hollie Smith]], as well as Olympian [[Danyon Loader]].<ref>{{cite news| url= http://www.3news.co.nz/Equal-marriage-campaign-says-its-about-love/tabid/1607/articleID/279441/Default.aspx|work=3 News NZ |title= Marriage equality 'about love'| date=6 December 2012}}</ref> The [[Human Rights Commission (New Zealand)|Human Rights Commission]], which also supports same-sex marriage, said that if the Marriage (Definition of Marriage) Amendment Bill is passed churches will not be forced to perform a marriage between same-sex couples.<ref>{{cite news|url=http://www.stuff.co.nz/national/politics/7988744/Gay-marriage-not-forced-on-churches|title=Gay marriage 'not forced on churches'|last=Chapman|first=Kate|date=23 November 2012|publisher=Fairfax NZ News|accessdate=25 December 2012}}</ref>


Public opposition to same-sex marriage has come from the Catholic Church in New Zealand, as well as from the [[Conservative Party of New Zealand|Conservative Party]] and [[Family First New Zealand|Family First]].<ref>{{cite news |url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10822775 |title= Gay marriage opponents gear up to fight Wall's bill |first= Issac |last= Davison |publisher= The New Zealand Herald |date= 28 July 2012 |accessdate= 20 August 2012}}</ref> In June 2012, Family First leader Bob McCroskie announced the launch of a new website, Protect Marriage NZ, which outlines reasons for opposing same-sex marriage in New Zealand,<ref>{{cite news |title=Anti-gay marriage petition launched |publisher=3 News |date= 29 July 2012 |accessdate=9 January 2013 |url=http://www.3news.co.nz/Anti-gay-marriage-petition-launched/tabid/1607/articleID/263079/Default.aspx}}</ref> which subsequently crashed on its first day after a large scale [[denial-of-service attack]].<ref>{{cite news |url= http://tvnz.co.nz/national-news/anti-gay-marriage-website-crashes-after-attack-4993533 |title= Anti gay marriage website crashes after 'attack' |publisher= Television New Zealand |date= 30 July 2012 |accessdate= 9 January 2013}}</ref> A petition with 50,000 signatures expressing opposition to same-sex marriage was presented to parliament in August 2012, in the lead-up to the first reading of the Marriage (Definition of Marriage) Amendment Bill.<ref>{{cite news |last1=Davison |first1=Isaac |last2=Quilliam |first2=Rebecca |date=28 August 2012 |title=50,000 sign against gay marriage |url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10830022 |newspaper=The New Zealand Herald |accessdate=9 January 2013}}</ref> During the last fortnight before the third reading debate, several conservative Christian organisations held "prayer rallies" outside the New Zealand Beehive and in Auckland and Wellington against the enactment of marriage equality <ref>New Zealanders for Marriage: http://www.newzealandersformarriage.org.nz</ref>
Public opposition to same-sex marriage has come from the Catholic Church in New Zealand, as well as from the [[Conservative Party of New Zealand|Conservative Party]] and [[Family First New Zealand|Family First]].<ref>{{cite news |url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10822775 |title= Gay marriage opponents gear up to fight Wall's bill |first= Issac |last= Davison |publisher= The New Zealand Herald |date= 28 July 2012 |accessdate= 20 August 2012}}</ref> In June 2012, Family First leader Bob McCroskie announced the launch of a new website, Protect Marriage NZ, which outlines reasons for opposing same-sex marriage in New Zealand,<ref>{{cite news |title=Anti-gay marriage petition launched |publisher=3 News |date= 29 July 2012 |accessdate=9 January 2013 |url=http://www.3news.co.nz/Anti-gay-marriage-petition-launched/tabid/1607/articleID/263079/Default.aspx}}</ref> which subsequently crashed on its first day after a large scale [[denial-of-service attack]].<ref>{{cite news |url= http://tvnz.co.nz/national-news/anti-gay-marriage-website-crashes-after-attack-4993533 |title= Anti gay marriage website crashes after 'attack' |publisher= Television New Zealand |date= 30 July 2012 |accessdate= 9 January 2013}}</ref> A petition with 50,000 signatures expressing opposition to same-sex marriage was presented to parliament in August 2012, in the lead-up to the first reading of the Marriage (Definition of Marriage) Amendment Bill.<ref>{{cite news |last1=Davison |first1=Isaac |last2=Quilliam |first2=Rebecca |date=28 August 2012 |title=50,000 sign against gay marriage |url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10830022 |newspaper=The New Zealand Herald |accessdate=9 January 2013}}</ref> During the last fortnight before the third reading debate, several conservative Christian organisations held "prayer rallies" outside the New Zealand Beehive and in Auckland and Wellington against the enactment of marriage equality <ref>New Zealanders for Marriage: http://www.newzealandersformarriage.org.nz</ref> [[Anika Moa]], who came out as a lesbian in 2007, was planning a free concert in [[Christchurch]] for the night of the third reading of the bill to "celebrate a historic milestone for same-sex couples".<ref>{{cite news |last=King |first=Caroline |title=Free Moa gig to celebrate same-sex marriage |url= http://www.stuff.co.nz/the-press/christchurch-life/art-and-stage/8555953/Free-Moa-gig-to-celebrate-same-sex-marriage| accessdate=16 April 2013| newspaper=[[The Press]]| date=16 April 2013 |location=Christchurch}}</ref>


In March 2013, the youth wings of all eight parties represented in Parliament jointly announced their support for the bill, including of the New Zealand First party, whose MPs had said that were going to vote against it.<ref>{{cite news| url= http://www.3news.co.nz/Youth-parties-sign-marriage-pledge/tabid/1607/articleID/289796/Default.aspx|work=3 News NZ |title= Youth parties sign marriage pledge| date=11 March 2013}}</ref><ref>{{cite news| url= http://www.stuff.co.nz/national/politics/8409342/Youth-boost-for-gay-marriage|work=Stuff.co.nz |title= Youth boost for gay marriage| date=11 March 2013}}</ref>
In March 2013, the youth wings of all eight parties represented in Parliament jointly announced their support for the bill, including of the New Zealand First party, whose MPs had said that they were going to vote against it.<ref>{{cite news| url= http://www.3news.co.nz/Youth-parties-sign-marriage-pledge/tabid/1607/articleID/289796/Default.aspx|work=3 News NZ |title= Youth parties sign marriage pledge| date=11 March 2013}}</ref><ref>{{cite news| url= http://www.stuff.co.nz/national/politics/8409342/Youth-boost-for-gay-marriage|work=Stuff.co.nz |title= Youth boost for gay marriage| date=11 March 2013}}</ref>

After the third reading of the Marriage (Definition of Marriage) Amendment Bill, Conservative Party leader [[Colin Craig]] called the legalisation of same-sex marriage a "failure of democracy", and warned "the day of reckoning" would come.<ref>{{cite news| url= http://www.3news.co.nz/Gay-marriage-vote-a-failure-of-democracy---Craig/tabid/1607/articleID/294731/Default.aspx|work=3 News NZ |title= Gay marriage 'a failure of democracy' - Craig| date=18 April 2013}}</ref>


== See also ==
== See also ==
Line 230: Line 117:
* [[LGBT in New Zealand]]
* [[LGBT in New Zealand]]
* [[LGBT rights in New Zealand]]
* [[LGBT rights in New Zealand]]

==Footnotes==
{{Reflist|group=nb}}


==References==
==References==

Revision as of 18:43, 18 April 2013

Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: 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. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
LGBT portal

A bill for the legalisation of same-sex marriage was passed by New Zealand Parliament on 17 April 2013, 77 votes to 44 in its third and final reading in the New Zealand House of Representatives, and awaits the formality of Royal Assent. Same sex marriage will then be permitted four months to the day after Royal Assent, likely to be late in August 2013.[1]

The Marriage Act 1955 is the main Act of Parliament regulating marriage in New Zealand. The Act neither specifically bans nor specifically authorises 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

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-1950s, marriage according to the common law was between one man and one woman, 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.[2]

Ms. Juliet Joslin et al. v. New Zealand

On 30 November 1998, two couples involved in Quilter v Attorney-General sued 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.[3]

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.[4]

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 received a Section 7 report for being inconsistent with the New Zealand Bill of Rights Act 1990, specifically freedom from discrimination relating to sexual orientation.

The bill had its first reading debate on 7 December 2005, and subsequently failed 47 votes in favour to 73 votes against.[5][6]

style="width: 2px; background-color: #D82A20;" data-sort-value="New Zealand Labour Party" | style="width: 2px; background-color: #00529F;" data-sort-value="New Zealand National Party" | style="width: 2px; background-color: #000000;" data-sort-value="New Zealand First" | style="width: 2px; background-color: #098137;" data-sort-value="Green Party of Aotearoa New Zealand" | style="width: 2px; background-color: #B2001A;" data-sort-value="Māori Party" | style="width: 2px; background-color: #501557;" data-sort-value="United Future" | style="width: 2px; background-color: #FDE401;" data-sort-value="ACT New Zealand" | style="width: 2px; 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

Marriage (Definition of Marriage) Amendment Bill

Main article: 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.[7] The bill was submitted to the members' bill ballot on 30 May 2012.[8] It was drawn from the ballot and passed the first and second readings on 29 August 2012 and 13 March 2013, respectively.[9][10] The final reading passed on 17 April 2013 by 77 votes to 44. On receiving Royal Assent from the Governor-General, the bill will become law, enabling same-sex marriages four months later.[11][12]

Public opinion

Opinion polls

Date Conducted by Sample size In favour Neutral Against Undecided Margin of Error
September 2004[13] Herald-DigiPoll 750 40% 54%
6–9 July 2011[14] Research New Zealand 500 60% 34% 4% ±4.6%
26–30 May 2012[15] ONE News Colmar Brunton Poll 1005 63% 31% 5% ±3.1%
18–28 June 2012[16][17] Herald-DigiPoll 750 53.5% 40.5% 6% ±3.6%
11–17 September 2012[18] Research New Zealand 500 49% 15% 32% ±4.7%
December 2012[17] Herald-DigiPoll 500 59% 38% 3% ±4.4%
13–19 December 2012[19] Key Research 1000 53.9% 38.1% 8% ±3.1%
11–17 March 2013[20] Herald-DigiPoll 750 49.6% 48% 2.4% ±3.6%

Public campaigns

The Legalise Love campaign was launched in August 2011 to promote legal marriage and adoption equality in New Zealand, and a protest was organised at the New Zealand Parliament Buildings in October that year.[21][22][23] In December 2012, former Governor-General Catherine Tizard starred in an online video campaign organised by the Campaign for Marriage Equality supporting same-sex marriage, alongside New Zealand singers Anika Moa, Boh Runga and Hollie Smith, as well as Olympian Danyon Loader.[24] The Human Rights Commission, which also supports same-sex marriage, said that if the Marriage (Definition of Marriage) Amendment Bill is passed churches will not be forced to perform a marriage between same-sex couples.[25]

Public opposition to same-sex marriage has come from the Catholic Church in New Zealand, as well as from the Conservative Party and Family First.[26] In June 2012, Family First leader Bob McCroskie announced the launch of a new website, Protect Marriage NZ, which outlines reasons for opposing same-sex marriage in New Zealand,[27] which subsequently crashed on its first day after a large scale denial-of-service attack.[28] A petition with 50,000 signatures expressing opposition to same-sex marriage was presented to parliament in August 2012, in the lead-up to the first reading of the Marriage (Definition of Marriage) Amendment Bill.[29] During the last fortnight before the third reading debate, several conservative Christian organisations held "prayer rallies" outside the New Zealand Beehive and in Auckland and Wellington against the enactment of marriage equality [30] Anika Moa, who came out as a lesbian in 2007, was planning a free concert in Christchurch for the night of the third reading of the bill to "celebrate a historic milestone for same-sex couples".[31]

In March 2013, the youth wings of all eight parties represented in Parliament jointly announced their support for the bill, including of the New Zealand First party, whose MPs had said that they were going to vote against it.[32][33]

After the third reading of the Marriage (Definition of Marriage) Amendment Bill, Conservative Party leader Colin Craig called the legalisation of same-sex marriage a "failure of democracy", and warned "the day of reckoning" would come.[34]

See also

References

  1. ^ Isaac Davison (17 April 2013). "Same-sex marriage law passed". The New Zealand Herald. Retrieved 17 April 2013.
  2. ^ "Quilter v. Attorney-General [1998] 1 NZLR 523" (PDF). New Zealand Court of Appeal. 17 December 1997. Retrieved 3 September 2012.
  3. ^ "Communication No 902/1999 : New Zealand. 2002-07-30". United Nations Human Rights Committee. 17 July 2002. Retrieved 3 September 2012.
  4. ^ Act discriminatory, but no amendment
  5. ^ Marriage (Gender Clarification) Amendment Bill
  6. ^ "Marriage (Gender Clarification) Amendment Bill – First Reading". 7 December 2005. Retrieved 18 July 2012.
  7. ^ 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)
  8. ^ "Marriage (Definition of Marriage) Amendment Bill – Proposed Members' Bills – Legislation". New Zealand Parliament. 30 May 2012. Retrieved 18 July 2012.
  9. ^ Shuttleworth, Kate; Young, Audrey (29 August 2012). "Marriage bill passes first reading". The New Zealand Herald. Retrieved 29 August 2012.
  10. ^ Watkins, Tracy (14 March 2013). "Passions fly as MPs vote on gay marriage". Fairfax Media (via Stuff.co.nz). Retrieved 14 March 2013.
  11. ^ NZ legalises same-sex marriage
  12. ^ Gay marriage bill passed
  13. ^ "Civil Union Bill: What the readers say". New Zealand Herald. 5 October 2012. Retrieved 27 December 2012.
  14. ^ "RNZ Media Release: Same Sex Marriages" (PDF). Research New Zealand. 12 July 2011. Retrieved 19 July 2011.
  15. ^ "Views on whether same-sex couples should be able to marry" (PDF). Colmar Brunton. May 2012. Retrieved 23 September 2012.
  16. ^ "Support grows for gay adoption". New Zealand Herald. 30 June 2012. Retrieved 27 December 2012.
  17. ^ a b "Generations divided over gay marriage". New Zealand Herald. 27 December 2012. Retrieved 27 December 2012.
  18. ^ "RNZ Media Release: Same Sex Marriages, Civil Union and Adoption" (PDF). Research New Zealand. 21 September 2012. Retrieved 27 December 2012.
  19. ^ "Polls: Gay marriage, right to die get the tick". New Zealand Herald. 6 January 2013. Retrieved 6 January 2013.
  20. ^ "Shock poll over gay marriage bill". New Zealand Herald. 26 March 2013. Retrieved 26 March 2013.
  21. ^ "'Legalise Love' campaign formally launched". GayNZ. 22 August 2011. Retrieved 30 November 2011.
  22. ^ "Pro-gay marriage protest hits Parliament". 3 News. 20 October 2011. Retrieved 30 November 2011.
  23. ^ Amelia Romanos and Sharon Lundy (20 October 2011). "Calls for gay marriage to be on election agenda". New Zealand Herald. Retrieved 30 November 2011.
  24. ^ "Marriage equality 'about love'". 3 News NZ. 6 December 2012.
  25. ^ Chapman, Kate (23 November 2012). "Gay marriage 'not forced on churches'". Fairfax NZ News. Retrieved 25 December 2012.
  26. ^ Davison, Issac (28 July 2012). "Gay marriage opponents gear up to fight Wall's bill". The New Zealand Herald. Retrieved 20 August 2012.
  27. ^ "Anti-gay marriage petition launched". 3 News. 29 July 2012. Retrieved 9 January 2013.
  28. ^ "Anti gay marriage website crashes after 'attack'". Television New Zealand. 30 July 2012. Retrieved 9 January 2013.
  29. ^ Davison, Isaac; Quilliam, Rebecca (28 August 2012). "50,000 sign against gay marriage". The New Zealand Herald. Retrieved 9 January 2013.
  30. ^ New Zealanders for Marriage: http://www.newzealandersformarriage.org.nz
  31. ^ King, Caroline (16 April 2013). "Free Moa gig to celebrate same-sex marriage". The Press. Christchurch. Retrieved 16 April 2013.
  32. ^ "Youth parties sign marriage pledge". 3 News NZ. 11 March 2013.
  33. ^ "Youth boost for gay marriage". Stuff.co.nz. 11 March 2013.
  34. ^ "Gay marriage 'a failure of democracy' - Craig". 3 News NZ. 18 April 2013.

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=Same-sex_marriage_in_New_Zealand&oldid=551015097"