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Same-sex marriage in New Zealand

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(Redirected from Quilter v Attorney-General)

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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 has been legal in New Zealand since 19 August 2013. A bill for legalisation was passed by the House of Representatives on 17 April 2013 by 77 votes to 44 and received royal assent on 19 April.[1] 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 was the first country in Oceania, the fourth in the Southern Hemisphere, and the fifteenth in the world to allow same-sex couples to marry.[2] Civil unions have also been available for both same-sex and opposite-sex couples since 2005.[3]

The New Zealand Parliament can enact marriage laws only in regard to New Zealand proper and the Ross Dependency in Antarctica.[4] 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

[edit]
Main article: Civil union in New Zealand

Civil unions (Māori: hononga ā-ture,[5][6] pronounced [ˈhɔnɔŋa ˈaːtʉɾɛ]) were legalised for both same-sex and opposite-sex couples on 26 April 2005 following the passage of the Civil Union Act 2004 by the New Zealand Parliament.[7] Couples in civil unions are granted several of the rights and obligations of marriage, including immigration rights, next-of-kin status, social welfare and property rights, amongst others.

Same-sex marriage

[edit]
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.)

Early court cases

[edit]

The case Quilter v Attorney-General had its origin in early 1996 when three female couples in long-term relationships, including Jenny Rowan and Juliet Joslin,[8] were denied marriage licences by the Registrar-General because marriage under common law was between "one man and one woman". The case against the New Zealand 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.[9]

Both parties agreed that at the time the Marriage Act 1955 was written in the 1950s, marriage according to common law was between "one man and one woman", which explained 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, 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, 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 was between "one man and one woman".[9][10] The High Court decision was appealed to the Court of Appeal (then New Zealand's highest court) in December 1997, which upheld the ruling.[9]

On 30 November 1998, two couples involved in Quilter sued New Zealand at the United Nations Human Rights Committee in Ms. Juliet Joslin et al. v New Zealand claiming that the ban on same-sex marriage violated the International Covenant on Civil and Political Rights. The Committee rejected the case on 17 July 2002.[11]

Background

[edit]

During the 2005 election, Prime Minister Helen Clark said she thought it was discriminatory to exclude same-sex couples from the Marriage Act 1955, but said her government would not change the law due to public opinion. Instead, she praised civil unions.[12]

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 related to marital and family status so that the bill could stand. This was criticised by opponents, including 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 Bill of Rights, 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.[13][14][15]

Marriage (Gender Clarification) Amendment Bill – First reading
Party Votes for Votes against
  Labour Party (50)
1
49
  National Party (48)
36
12
  New Zealand First (7)
5
2
  Green Party (6) –
6
  Māori Party (4) –
3
  United Future (3)
3
 –
  ACT New Zealand (2)
2
 –
  Jim Anderton's Progressive Party (1) –
1
Total 47 73

Marriage (Definition of Marriage) Amendment Act 2013

[edit]
Main article: Marriage (Definition of Marriage) Amendment Act 2013

On 14 May 2012, Labour Party MP Louisa Wall said she would introduce a private member's bill, the Marriage (Definition of Marriage) Amendment Bill, allowing same-sex couples to marry.[16] The bill was submitted to the members' bill ballot on 30 May 2012.[17] It was drawn from the ballot and passed its first and second readings on 29 August 2012 and 13 March 2013, respectively.[18][19] The final reading passed on 17 April 2013 by 77 votes to 44.[20][21] Despite being one of six openly gay MPs, Attorney-General Chris Finlayson voted against the bill, declaring his opposition to state involvement in the institution of marriage as the reason.[22] Supporters in the galleries greeted the bill's passage with applause and sang the traditional Māori love song "Pōkarekare Ana", with many MPs joining in.[23] Conservative lobby group Family First called its passage "an arrogant act of cultural vandalism".[24] The bill received royal assent from Governor-General Jerry Mateparae on 19 April and took effect on 19 August 2013.[25][26]

The Marriage (Definition of Marriage) Amendment Act 2013 (Māori: Te Ture Mārena Takatāpui 2013)[27] amended the Marriage Act 1955 to include a definition of marriage explicitly allowing same-sex marriages, and amended other legislation as necessary. The definition reads: "marriage means the union of 2 people, regardless of their sex, sexual orientation, or gender identity".[28] Prior to the passage of the Act, there was no explicit definition of marriage in New Zealand legislation.

Marriage (Definition of Marriage) Amendment Bill – Third reading[29]
Party Votes for Votes against
  National Party (59)
27
32
  Labour Party (34)
30
4
  Green Party (14)
14
 –
  New Zealand First (7) –
7
  Māori Party (3)
3
 –
  Mana Party (1)
1
 –
  ACT New Zealand (1)
1
 –
  United Future (1)
1
 –
  Independent (1) –
1
Total 77 44

31 same-sex couples married across New Zealand that Monday, 19 August 2013; 15 in Auckland, 6 in Wellington, 6 in Christchurch and 4 in Rotorua.[30] Among the first couples to marry were Natasha Vitali and Melissa Ray in Auckland, who had won a competition on a radio show for an all-expenses paid ceremony. Lynley Bendall and Ally Wanikau were married in an Air New Zealand flight between Auckland and Queenstown in a ceremony attended by U.S. actor Jesse Tyler Ferguson.[31]

In December 2016, in his first press conference after taking office, Prime Minister Bill English said 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.[32][33] Prime Minister Jacinda Ardern, in office between 2017 and 2022, supported same-sex marriage.[29]

Economic impact

[edit]

New Zealand has long been a destination for international weddings. From 2013, due to same-sex marriage not being legal in Australia 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. A 2016 study by Australia and New Zealand Banking Group economists estimated that Australian same-sex marriages were worth A$550 million a year and noted that "Australia's loss was New Zealand's gain".[34] Australian couples comprised 29 per cent of same-sex marriages or civil unions performed in New Zealand in 2016.[35]

Statistics

[edit]

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.[36][37]

In 2016, 954 same-sex marriages and civil unions were performed in New Zealand. 483 of these unions were between couples living in New Zealand, while 471 were between couples who had travelled from overseas, of which 58% were from Australia, 17% from China, 4% from the United Kingdom, another 4% from the United States and the remainder from 25 other countries.[38][39] Same-sex unions represented 4.1% of all unions performed in New Zealand that year.

Marriages in New Zealand by relationship type[40][41][42][43][44]
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
2019 18,609 408 2,613 264
2020 16,347 387 1,152 90
2021 15,300 300 219 9
2022 18,375 450 1,221 90
2023 18,225 468 2,304 207

Figures for 2020 and 2021 are lower than previous years because of the restrictions in place due to the COVID-19 pandemic.

Religious performance

[edit]

In 2014, the synod of the Anglican Church in Aotearoa, New Zealand and Polynesia passed a resolution creating a pathway towards the blessing of same-sex relationships.[45] In the meantime, "clergy should be permitted 'to recognise in public worship' a same-gender civil union or state marriage of members of their faith community."[46] Some dioceses offer a "relationship blessing", notably the dioceses of Auckland,[47] Dunedin,[48] and Waiapu.[49] In 2005, a same-sex couple was joined in a civil union at St Matthew's-in-the-City Church in Auckland.[50] In May 2018, the Anglican Church voted to allow its ministers to bless same-sex civil marriages and unions. Ministers may offer their blessing to civil marriages but are not permitted to perform same-sex wedding ceremonies in the church.[51]

Quakers were among the first religious denomination in New Zealand to recognise and support same-sex marriage.[52] Following the passage of the same-sex marriage legislation in Parliament, the Methodist Church of New Zealand responded that it would allow its parishes to perform same-sex marriages in its churches. A Methodist minister in Napier said, "If a parish is willing to have same-sex marriages happen in its church, but the incumbent minister is not comfortable, then it can invite a minister from another parish who is happy to perform the ceremony, and vice versa. If a minister is happy to perform and the parish is not, then the minister may seek to use another Methodist church that is accepting."[53] The Australia and New Zealand Unitarian Universalist Association also allows its clergy to perform same-sex marriages,[54] with the first same-sex marriage in New Zealand on 19 August 2013 being performed in the Auckland Unitarian Church.[55] In 2015, the Church of the Flying Spaghetti Monster was granted permission to officiate at marriages, including same-sex marriages.[56] Some Buddhist groups also perform same-sex marriages.[57]

The Presbyterian Church of Aotearoa New Zealand does not allow its clergy to solemnise same-sex marriages, passing a motion in 2014 that "ministers may conduct marriage only between a man and woman".[58] Rātana ministers (āpotoro rēhita) may also not perform same-sex weddings, with a minister in Manurewa saying in 2013 that same-sex marriage was "not part of our structure of beliefs".[59] The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans, a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples.[60] In October 2020, Bishop of Auckland Patrick Dunn expressed support for civil unions: "I endorse the reported comments of Pope Francis. I know that he is anxious for LGBTQ people to know that they are valued members of the family of the Church as they are of their own families. We want their happiness, and for them to know that they are loved."[61]

Public opinion

[edit]

Opinion polls

[edit]
Date Conducted by Sample size In favour Against Neutral/Undecided Margin of error
17 February – 3 March 2023[62] Ipsos 1,000 adults 70% 20% 10% ±3.5%
11–17 March 2013[63] Herald-DigiPoll 750 adults 50% 48% 2% ±3.6%
13–19 December 2012[64] Key Research 1,000 adults 54% 38% 8% ±3.1%
December 2012[65] Herald-DigiPoll 500 adults 59% 38% 3% ±4.4%
11–17 September 2012[66] Research New Zealand 500 adults 49% 32% 19% ±4.7%
18–28 June 2012[67][65] Herald-DigiPoll 750 adults 53.5% 40.5% 6% ±3.6%
26–30 May 2012[68] ONE News Colmar Brunton Poll 1,005 voters 63% 31% 6% ±3.1%
6–9 July 2011[69] Research New Zealand 500 adults 60% 34% 6% ±4.6%
September 2004[70] Herald-DigiPoll 750 adults 40% 54% 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 mostly opposed.[71] A poll conducted by the Waikato Times in August 2012 found that 46% of Waikato residents supported same-sex marriage, while 39% were opposed.[71] Public opposition to same-sex marriage sharply increased during the time the same-sex marriage bill was being discussed by Parliament. LGBTQ groups attributed this increase to "scaremongering", while opponents claimed that "people [were] waking up to the negative social effects of changing the Marriage Act".[63] However, opposition to same-sex marriage has significantly decreased since the bill has become law, being under 25% according to a 2016 poll.[72] The 2023 Ipsos poll showed that 70% of New Zealanders supported same-sex marriage, while 11% supported civil unions or other types of partnerships but not marriage, 10% were undecided and 9% were opposed to all recognition for same-sex couples.[62]

A September–October 2016 survey by the Varkey Foundation found that 74% of 18–21-year-olds supported same-sex marriage in New Zealand.[73]

Public campaigns

[edit]
Supporters of same-sex marriage at Auckland Pride Festival in February 2013
Support for same-sex marriage among 18–21-year-olds according to a 2016 survey from the Varkey Foundation

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.[74][75][76] 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.[77] 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.[78]

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.[79] In June 2012, Family First leader Bob McCoskrie announced the launch of a new website, "Protect Marriage NZ", which outlines reasons for opposing same-sex marriage in New Zealand,[80] which subsequently crashed on its first day after a large scale denial-of-service attack.[81] 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.[82] During the last fortnight before the third reading debate, several conservative Christian organisations held "prayer rallies" in Auckland and Wellington (including outside the Beehive), against the enactment of same-sex marriage.[83] 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".[84]

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.[85][86] 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.[87] At the 2014 elections, 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.[88] No other New Zealand political party has shown any inclination to revisit the issue; however, Family First continues to operate its "Protect Marriage NZ" website.[89]

See also

[edit]

References

[edit]
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