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Same-sex marriage in New Zealand

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Part of the LGBTQ 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

Same-sex marriage in New Zealand has been legal since 19 August 2013. A bill for legalisation was passed by the New Zealand House of Representatives on 17 April 2013 by 77 votes to 44 and received royal assent on 19 April. It entered into force on 19 August, to allow time for the Department of Internal Affairs to make the necessary changes for marriage licensing and related documentation. New Zealand became the first country in Oceania, the fourth in the Southern Hemisphere, and the fifteenth overall to allow same-sex couples to marry.

Civil unions are also available for both same-sex and opposite-sex couples.

The New Zealand Parliament can enact marriage laws only in regard to New Zealand proper and the Ross Dependency (Antarctica).[1] The three other territories making up the Realm of New Zealand—the Cook Islands, Niue and Tokelau—do not recognise same-sex marriage or civil unions.

Civil unions

Main article: Civil union in New Zealand

The Civil Union Act 2004, which came into force on 26 April 2005, legalised civil unions (Template:Lang-mi)[2] for both same-sex and opposite-sex couples.[3] Couples in civil unions are granted several of the rights and obligations of marriage, including immigration, next-of-kin status, social welfare, matrimonial property, amongst others.

History

Recognition of same-sex relationships in Oceania
  Marriage
  Marriages performed elsewhere are recognized (American Samoa)
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples (Palau, Tuvalu)
  Same-sex sexual activity illegal, but ban not enforced
  Same-sex sexual activity illegal
(Country names will appear with mouse-overs when map is viewed at full size. Encircling lines are the exclusive economic zones of each state.)

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 1955 did not prohibit same-sex marriage and that under the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993, discrimination on the basis of sexual orientation was prohibited.

Both parties agreed that at the time the Marriage Act 1955 was written in the 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 1993, 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 1990, 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 Rights Act, which allows 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.[4]

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. The Committee rejected the case on 17 July 2002.[5]

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 1955, but said she would not push to change it.[6]

Marriage (Gender Clarification) Amendment Bill 2005

In 2005, United Future MP Gordon Copeland sponsored the Marriage (Gender Clarification) Amendment Bill that would have amended New Zealand marriage law to define marriage as only between a man and a woman, and amend anti-discrimination protections in the Bill of Rights Act 1990 related to marital and family status so that the bill could stand. This was criticised by opponents, such as 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.[7][8][9]

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="Jim Anderton's Progressive Party" |
Marriage (Gender Clarification) Amendment Bill – First reading
Party Votes for Votes against
Labour
1
49
National
36
12
NZ First
5
2
Green –
6
Māori Party –
3
United Future
3
 –
ACT
2
 –
Progressive –
1
Total 47 73

Marriage (Definition of Marriage) Amendment Act 2013

Main article: Marriage (Definition of Marriage) Amendment Act 2013

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.[10] The bill was submitted to the members' bill ballot on 30 May 2012.[11] It was drawn from the ballot and passed its first and second readings on 29 August 2012 and 13 March 2013, respectively.[12][13] The final reading passed on 17 April 2013 by 77 votes to 44.[14][15] Supporters in the galleries greeted the bill's passage with applause and sang the traditional Māori love song "Pokarekare Ana", with many MPs joining in.[16] Conservative lobby group Family First called its passage "an arrogant act of cultural vandalism".[17] The bill received royal assent from Governor-General Jerry Mateparae on 19 April and took effect on 19 August 2013.[18][19]

The Marriage (Definition of Marriage) Amendment Act 2013 amendment the Marriage Act 1955 (Template:Lang-mi) to include a definition of marriage to explicitly allow same-sex marriages and to amend other legislation as necessary. The definition reads: "marriage means the union of 2 people, regardless of their sex, sexual orientation, or gender identity".[20] Prior to the passage of the Act, there was no explicit definition of marriage in New Zealand legislation.

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" | style="width: 2px; color:inherit; background-color: #DCDCDC;" data-sort-value="Independent politician" |
Marriage (Definition of Marriage) Amendment Bill – Third reading[21]
Party Votes for Votes against
National (59)
27
32
Labour (34)
30
4
Green (14)
14
 –
NZ First (7) –
7
Māori Party (3)
3
 –
Mana (1)
1
 –
ACT (1)
1
 –
United Future (1)
1
 –
Independent (1) –
1
Total 77 44

In December 2016, in his first press conference following taking office, Prime Minister Bill English announced he would vote in favour of same-sex marriage if another vote were to be held. He said "I'd probably vote differently now on the gay marriage issue. I don't think that gay marriage is a threat to anyone else's marriage." English voted against the Civil Union Act 2004 and the Marriage (Definition of Marriage) Amendment Act 2013, and in favour of the Marriage (Gender Clarification) Amendment Bill 2005.[22][23]

Current Prime Minister Jacinda Ardern supports same-sex marriage.[21]

Economic benefits

New Zealand has long been a destination for international weddings. From 2013, due to same-sex marriage not being legal in Australia (at the time) and other Asian and Pacific countries, many same-sex couples from these countries took advantage of New Zealand's marriage law and got married in New Zealand. This proved highly beneficial for the country's economy. Australian same-sex couples alone spent an estimated A$550 million a year for marriage ceremonies in New Zealand.[24] Australian couples comprised 29 per cent of same-sex marriages or civil unions celebrated in New Zealand in 2016.[25]

Marriage statistics

In the year after 19 August 2013 (when the law became operational), 926 same-sex marriages were registered in New Zealand, of which 520 were between female couples and 406 were between male couples. 532 marriages (57.5%) were between New Zealand citizens, and 237 marriages (25.6%) were between Australian citizens.[26][27]

In 2016, 954 same-sex marriages and same-sex civil unions were performed in New Zealand. 483 of these unions were between couples living in New Zealand. 471 were between couples who travelled from overseas, of which 58% came from Australia, 17% from China, 4% from the United Kingdom, another 4% from the United States and the remainder came from 25 other countries.[28][29] Same-sex unions represented 4.1% of all unions performed in New Zealand that year.

Marriages in New Zealand by relationship type[30][31]
Year New Zealand residents Overseas residents
Opposite-sex Same-sex Opposite-sex Same-sex
2013 19,029 210 2,271 147
2014 19,638 486 2,508 390
2015 19,440 453 2,472 432
2016 19,719 465 2,484 468
2017 20,145 462 2,628 495
2018 20,394 492 2,730 375

Public opinion

Opinion polls

Date Conducted by Sample size In favour Neutral Against Undecided Margin of Error
September 2004[32] Herald-DigiPoll 750 40% 54%
6–9 July 2011[33] Research New Zealand 500 60% 34% 4% ±4.6%
26–30 May 2012[34] ONE News Colmar Brunton Poll 1005 63% 31% 5% ±3.1%
18–28 June 2012[35][36] Herald-DigiPoll 750 53.5% 40.5% 6% ±3.6%
11–17 September 2012[37] Research New Zealand 500 49% 15% 32% ±4.7%
December 2012[36] Herald-DigiPoll 500 59% 38% 3% ±4.4%
13–19 December 2012[38] Key Research 1000 53.9% 38.1% 8% ±3.1%
11–17 March 2013[39] Herald-DigiPoll 750 49.6% 48% 2.4% ±3.6%

Per the December 2012 Herald-DigiPoll, support for same-sex marriage varied by age: young people overwhelmingly supported same-sex marriage, whereas people above 65 were majoritarily opposed.[40]

Public opposition to same-sex marriage sharply increased during the time the same-sex marriage bill was being discussed by Parliament. LGBT groups attributed this increase to "scaremongering" from opponents, while those opposed claimed that "people are waking up to the negative social effects of changing the Marriage Act".[39] Since the bill has become law however, opposition to same-sex marriage has significantly decreased, being under 25% according to a 2016 poll.[41]

A poll conducted by the Waikato Times in August 2012 found that 46% of Waikato residents supported same-sex marriage, while 39% were opposed.[40]

Public campaigns

Pride Parade in Auckland in February 2013

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.[42][43][44] 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.[45] The Human Rights Commission, which also supports same-sex marriage, said that if the marriage bill is passed churches will not be forced to perform marriages between same-sex couples.[46]

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.[47] 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,[48] which subsequently crashed on its first day after a large scale denial-of-service attack.[49] 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.[50] 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 same-sex marriage.[51] 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".[52]

In March 2013, the youth wings of all eight parties represented in Parliament jointly announced their support for the bill, including the youth wing of New Zealand First, whose MPs had said that they were going to vote against it.[53][54]

After the third reading of the Marriage (Definition of Marriage) Amendment Act 2013, Conservative Party Leader Colin Craig called the legalisation of same-sex marriage a "failure of democracy", and warned "the day of reckoning" would come.[55] At the New Zealand general election, 2014, the Conservative Party failed to enter Parliament because it polled below New Zealand's Mixed Member Proportional electoral system's five percent threshold for party list-only representation.[56] No other New Zealand political party has shown any inclination to revisit the issue; however, Family First continues to operate its "Protect Marriage" website.[57]

See also

References

  1. ^ "Section 2: Interpretation -- Births, Deaths, Marriages, and Relationships Registration Act 1995". Parliamentary Counsel Office. Archived from the original on 13 March 2016. Retrieved 27 August 2013. New Zealand includes the Ross Dependency.
  2. ^ "Pānui mō te hononga ā-ture kua whakaritea, Notice of intended civil union". Department of Internal Affairs, New Zealand Government.
  3. ^ "Civil Unions Bill passed". The New Zealand Herald. 9 December 2004.
  4. ^ "Quilter v. Attorney-General [1998] 1 NZLR 523" (PDF). New Zealand Court of Appeal. 17 December 1997. Archived from the original (PDF) on 5 January 2016. Retrieved 3 September 2012.
  5. ^ "Communication No 902/1999 : New Zealand. 2002-07-30". United Nations Human Rights Committee. 17 July 2002. Archived from the original on 21 November 2015. Retrieved 3 September 2012.
  6. ^ "Act discriminatory, but no amendment". Newstalk ZB. 14 September 2005. Archived from the original on 8 November 2005.
  7. ^ "Marriage (Gender Clarification) Amendment Bill". New Zealand Parliament. Archived from the original on 13 March 2016. Retrieved 13 March 2016.
  8. ^ "Marriage (Gender Clarification) Amendment Bill – First Reading". New Zealand Parliament. 7 December 2005. Archived from the original on 29 February 2016. Retrieved 18 July 2012.
  9. ^ "Marriage (Gender Clarification) Amendment Bill". New Zealand Parliamentary Votes Database. Retrieved 27 November 2016.
  10. ^ Hartevelt, John; Levy, Dayna (14 May 2012). "MP drafting gay marriage bill". Stuff.co.nz. Archived from the original on 31 January 2016. Retrieved 29 August 2012.
  11. ^ "Marriage (Definition of Marriage) Amendment Bill – Proposed Members' Bills – Legislation". New Zealand Parliament. 30 May 2012. Retrieved 18 July 2012.
  12. ^ Shuttleworth, Kate; Young, Audrey (29 August 2012). "Marriage bill passes first reading". The New Zealand Herald. Archived from the original on 11 November 2011. Retrieved 29 August 2012.
  13. ^ Watkins, Tracy (14 March 2013). "Passions fly as MPs vote on gay marriage". Stuff.co.nz. Archived from the original on 6 February 2016. Retrieved 14 March 2013.
  14. ^ Schwartz, Dominique (17 April 2013). "NZ legalises same-sex marriage". ABC News. Archived from the original on 3 January 2016. Retrieved 14 March 2016.
  15. ^ "MPs vote to legalise same sex marriage". ONE News. Television New Zealand. 17 April 2013. Archived from the original on 20 April 2013. Retrieved 14 March 2016.
  16. ^ "New Zealand parliament breaks into song after legalising gay marriage". The Guardian. 18 April 2013. Archived from the original on 4 March 2016. Retrieved 19 August 2013.
  17. ^ "77 Politicians Commit Act of 'Cultural Vandalism', Media Release 12 April 2013". Family First NZ. Archived from the original on 15 February 2016. Retrieved 19 August 2013.
  18. ^ "August 19 for first gay weddings". 3 News NZ. 23 April 2013. Archived from the original on 13 March 2016. Retrieved 19 August 2013.
  19. ^ Wade, Amelia; Theunissen, Matthew; Tapaleao, Vaimoana (19 August 2013). "Same-sex couples celebrate wedded bliss". The New Zealand Herald. Archived from the original on 11 November 2011. Retrieved 19 August 2013.
  20. ^ Marriage (Definition of Marriage) Amendment Act 2013, Section 5 Retrieved 23 October 2016
  21. ^ a b Harkanwal Singh; Andy Ball (17 April 2013). "Marriage equality bill - How MPs voted". Stuff.co.nz. Archived from the original on 24 September 2015. Retrieved 17 April 2013.
  22. ^ "Incoming Prime Minister Bill English U-turns on gay marriage". The New Zealand Herald. 12 December 2016.
  23. ^ Parliamentary Conscience Votes Database: Civil Unions Act
  24. ^ Same sex marriage in NZ benefits economy to tune of A$550 million NZ Herald, 13 May 2017
  25. ^ SSM: New Zealand's experience shows how Yes vote could boost our economy ABC News, 20 November 2017
  26. ^ "926 same sex marriages since law change". Department of Internal Affairs New Zealand. 18 August 2014. Archived from the original on 4 March 2016. Retrieved 16 November 2014.
  27. ^ "One year on: One third of NZ gay marriages are of Aussie couples". Gay News Network. 23 April 2014. Archived from the original on 16 January 2016. Retrieved 14 March 2016.
  28. ^ Same-Sex Couples From Australia And China Are Getting Married In New Zealand BuzzFeed News
  29. ^ Same-sex couples flocking to New Zealand to tie the knot Stuff.co.nz
  30. ^ "Marriages, Civil Unions, and Divorces: Year ended December 2016". Statistics New Zealand. 3 May 2017. Retrieved 14 May 2017.
  31. ^ "Marriages, civil unions, and divorces: Year ended December 2018". Statistics New Zealand. 3 May 2019.
  32. ^ "Civil Union Bill: What the readers say". The New Zealand Herald. 5 October 2012. Archived from the original on 13 March 2016. Retrieved 27 December 2012.
  33. ^ "RNZ Media Release: Same Sex Marriages" (PDF). Research New Zealand. 12 July 2011. Archived from the original (PDF) on 10 February 2015. Retrieved 19 July 2011.
  34. ^ "Views on whether same-sex couples should be able to marry" (PDF). Colmar Brunton. May 2012. Archived from the original (PDF) on 5 October 2015. Retrieved 23 September 2012.
  35. ^ "Support grows for gay adoption". The New Zealand Herald. 30 June 2012. Archived from the original on 11 November 2011. Retrieved 27 December 2012.
  36. ^ a b "Generations divided over gay marriage". The New Zealand Herald. 27 December 2012. Archived from the original on 11 November 2011. Retrieved 27 December 2012.
  37. ^ "RNZ Media Release: Same Sex Marriages, Civil Union and Adoption" (PDF). Research New Zealand. 21 September 2012. Archived from the original (PDF) on 10 February 2015. Retrieved 27 December 2012.
  38. ^ "Polls: Gay marriage, right to die get the tick". The New Zealand Herald. 6 January 2013. Archived from the original on 11 November 2011. Retrieved 6 January 2013.
  39. ^ a b "Shock poll over gay marriage bill". The New Zealand Herald. 26 March 2013. Archived from the original on 11 November 2011. Retrieved 26 March 2013.
  40. ^ a b Archives: same sex marriage
  41. ^ "ILGA/RIWI Global Attitudes Survey on LGBTI People" (PDF). ILGA. p. 58. Retrieved 31 December 2016.
  42. ^ "'Legalise Love' campaign formally launched". GayNZ.com. 22 August 2011. Archived from the original on 4 March 2016. Retrieved 30 November 2011.
  43. ^ "Pro-gay marriage protest hits Parliament". 3 News. 20 October 2011. Archived from the original on 26 July 2014. Retrieved 30 November 2011.
  44. ^ Amelia Romanos and Sharon Lundy (20 October 2011). "Calls for gay marriage to be on election agenda". The New Zealand Herald. Archived from the original on 11 November 2011. Retrieved 30 November 2011.
  45. ^ "Marriage equality 'about love'". 3 News NZ. 6 December 2012. Archived from the original on 5 October 2013.
  46. ^ Chapman, Kate (23 November 2012). "Gay marriage 'not forced on churches'". Fairfax NZ News. Archived from the original on 24 September 2015. Retrieved 25 December 2012.
  47. ^ Davison, Issac (28 July 2012). "Gay marriage opponents gear up to fight Wall's bill". The New Zealand Herald. Archived from the original on 11 November 2011. Retrieved 20 August 2012.
  48. ^ "Anti-gay marriage petition launched". 3 News. 29 July 2012. Archived from the original on 13 November 2012. Retrieved 9 January 2013.
  49. ^ "Anti gay marriage website crashes after 'attack'". Television New Zealand. 30 July 2012. Archived from the original on 2 August 2012. Retrieved 9 January 2013.
  50. ^ Davison, Isaac; Quilliam, Rebecca (28 August 2012). "50,000 sign against gay marriage". The New Zealand Herald. Archived from the original on 11 November 2011. Retrieved 9 January 2013.
  51. ^ "New Zealanders For Marriage". Archived from the original on 7 July 2013.
  52. ^ King, Caroline (16 April 2013). "Free Moa gig to celebrate same-sex marriage". The Press. Christchurch. Archived from the original on 24 September 2015. Retrieved 16 April 2013.
  53. ^ "Youth parties sign marriage pledge". 3 News NZ. 11 March 2013. Archived from the original on 26 July 2014.
  54. ^ "Youth boost for gay marriage". Stuff.co.nz. 11 March 2013. Archived from the original on 24 September 2015.
  55. ^ "Gay marriage 'a failure of democracy' - Craig". 3 News NZ. 18 April 2013. Archived from the original on 5 December 2014.
  56. ^ New Zealand Electoral Commission. "Official Count Results - Overall Status". Electionresults.govt.nz. Archived from the original on 8 March 2016. Retrieved 27 December 2015.
  57. ^ "Protect Marriage NZ". Protectmarriage.org.nz. Archived from the original on 12 March 2016. Retrieved 14 March 2016.
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