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Same-sex marriage in New Zealand

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Part of the LGBT rights series
Marriage legal

Recognized

Marriage not legal, but civil unions or registered partnerships legal
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. ^ Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ a b 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 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. ^ Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are 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.
  14. ^ Spousal health insurance benefits
  1. ^ a b Not yet in effect.
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Same-sex marriage is not presently permitted in New Zealand. A bill for legalisation was passed by the Parliament on 17 April 2013, in a 77–44 vote, and awaits Royal Assent.

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.[1]

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.[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 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.[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

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.[6] The bill was submitted to the members' bill ballot on 30 May 2012.[7] It was drawn from the ballot and has passed the first and second readings on 29 August 2013 and 13 March 2013, respectively.[8][9] The bill was passed in the third reading on 17 April 2013, in a 77–44 vote, and awaits Royal Assent.[10][11]

Public opinion

Opinion polls

Date Conducted by Sample size In favour Neutral Against Undecided Margin of Error
September 2004[12] Herald-DigiPoll 750 40% 54%
6–9 July 2011[13] Research New Zealand 500 60% 34% 4% ±4.6%
26–30 May 2012[14] ONE News Colmar Brunton Poll 1005 63% 31% 5% ±3.1%
18–28 June 2012[15][16] Herald-DigiPoll 750 53.5% 40.5% 6% ±3.6%
11–17 September 2012[17] Research New Zealand 500 49% 15% 32% ±4.7%
December 2012[16] Herald-DigiPoll 500 59% 38% 3% ±4.4%
13–19 December 2012[18] Key Research 1000 53.9% 38.1% 8% ±3.1%
11–17 March 2013[19] 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,[20] and a protest was organised at the New Zealand Parliament Buildings in October that year.[21][22] 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.[23] 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.[24]

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.[25] 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,[26] which subsequently crashed on its first day after a large scale denial-of-service attack.[27] 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.[28] 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 [29] Anika Moa, who came out as a lesbian in 2007, is 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".[30]

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.[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. ^ 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)
  7. ^ "Marriage (Definition of Marriage) Amendment Bill – Proposed Members' Bills – Legislation". New Zealand Parliament. 30 May 2012. Retrieved 18 July 2012.
  8. ^ Shuttleworth, Kate; Young, Audrey (29 August 2012). "Marriage bill passes first reading". The New Zealand Herald. Retrieved 29 August 2012.
  9. ^ Watkins, Tracy (14 March 2013). "Passions fly as MPs vote on gay marriage". Fairfax Media (via Stuff.co.nz). Retrieved 14 March 2013.
  10. ^ NZ legalises same-sex marriage
  11. ^ Gay marriage bill passed
  12. ^ "Civil Union Bill: What the readers say". New Zealand Herald. 5 October 2012. Retrieved 27 December 2012.
  13. ^ "RNZ Media Release: Same Sex Marriages" (PDF). Research New Zealand. 12 July 2011. Retrieved 19 July 2011.
  14. ^ "Views on whether same-sex couples should be able to marry" (PDF). Colmar Brunton. May 2012. Retrieved 23 September 2012.
  15. ^ "Support grows for gay adoption". New Zealand Herald. 30 June 2012. Retrieved 27 December 2012.
  16. ^ a b "Generations divided over gay marriage". New Zealand Herald. 27 December 2012. Retrieved 27 December 2012.
  17. ^ "RNZ Media Release: Same Sex Marriages, Civil Union and Adoption" (PDF). Research New Zealand. 21 September 2012. Retrieved 27 December 2012.
  18. ^ "Polls: Gay marriage, right to die get the tick". New Zealand Herald. 6 January 2013. Retrieved 6 January 2013.
  19. ^ "Shock poll over gay marriage bill". New Zealand Herald. 26 March 2013. Retrieved 26 March 2013.
  20. ^ "'Legalise Love' campaign formally launched". GayNZ. 22 August 2011. Retrieved 30 November 2011.
  21. ^ "Pro-gay marriage protest hits Parliament". 3 News. 20 October 2011. Retrieved 30 November 2011.
  22. ^ Amelia Romanos and Sharon Lundy (20 October 2011). "Calls for gay marriage to be on election agenda". New Zealand Herald. Retrieved 30 November 2011.
  23. ^ "Marriage equality 'about love'". 3 News NZ. 6 December 2012.
  24. ^ Chapman, Kate (23 November 2012). "Gay marriage 'not forced on churches'". Fairfax NZ News. Retrieved 25 December 2012.
  25. ^ Davison, Issac (28 July 2012). "Gay marriage opponents gear up to fight Wall's bill". The New Zealand Herald. Retrieved 20 August 2012.
  26. ^ "Anti-gay marriage petition launched". 3 News. 29 July 2012. Retrieved 9 January 2013.
  27. ^ "Anti gay marriage website crashes after 'attack'". Television New Zealand. 30 July 2012. Retrieved 9 January 2013.
  28. ^ Davison, Isaac; Quilliam, Rebecca (28 August 2012). "50,000 sign against gay marriage". The New Zealand Herald. Retrieved 9 January 2013.
  29. ^ New Zealanders for Marriage: http://www.newzealandersformarriage.org.nz
  30. ^ King, Caroline (16 April 2013). "Free Moa gig to celebrate same-sex marriage". The Press. Christchurch. Retrieved 16 April 2013.
  31. ^ "Youth parties sign marriage pledge". 3 News NZ. 11 March 2013.
  32. ^ "Youth boost for gay marriage". Stuff.co.nz. 11 March 2013.
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