History Same-sex marriage in New Zealand

1 history

1.1 quilter v attorney-general
1.2 ms. juliet joslin et al. v. new zealand
1.3 civil unions
1.4 2005 election
1.5 marriage (gender clarification) amendment bill 2005
1.6 marriage (definition of marriage) amendment act 2013

history

oceania







quilter v attorney-general

the case quilter v attorney-general had origin in 1996 when 3 female couples in long-term relationships denied marriage licences registrar-general because marriage under common law between 1 man , 1 woman. case against government taken high court in may 1996. applicants argued marriage act 1955 did not prohibit same-sex marriage , under new zealand bill of rights act 1990 , new zealand human rights act 1993, discrimination on basis of sexual orientation prohibited.

both parties agreed @ time marriage act 1955 written in 1950s, marriage according common law between 1 man , 1 woman, explains why act did not outlaw same-sex marriage. applicants argued, however, under human rights act, prohibits discrimination based on sexual orientation, , sections 6 (interpretation consistent bill of rights preferred) , 19 (freedom discrimination) of bill of rights act, new zealand prohibits discrimination based on sexual orientation and, therefore, applicants should allowed marry. government in response cited section 5 (justified limitations) of bill of rights act, allows rights , freedoms in bill of rights subject such reasonable limits prescribed law can demonstrably justified in free , democratic society . in decision, high court sided government , common law , reiterated marriage between 1 man , 1 woman.

the high court decision appealed court of appeal (then new zealand s highest court) in december 1997, upheld ruling.

ms. juliet joslin et al. v. new zealand

on 30 november 1998, 2 couples involved in quilter v attorney-general sued new zealand before united nations human rights committee claiming country s ban on same-sex marriage violated international covenant on civil , political rights. committee rejected case on 17 july 2002.

civil unions

the civil union act 2004, came force on 26 april 2005, legalised civil unions both same-sex , opposite-sex couples.

2005 election

during 2005 election, prime minister helen clark stated thought discriminatory exclude same-sex couples marriage act, said not push change it.

marriage (gender clarification) amendment bill 2005

in 2005, united future member of parliament (mp) gordon copeland sponsored marriage (gender clarification) amendment bill have amended marriage act define marriage between man , woman, , amend anti-discrimination protections in bill of rights related marital , family status bill stand. criticised opponents, such attorney general michael cullen, overly radical attack on bill of rights. bill have prohibited recognition of same-sex marriages foreign countries marriages in new zealand. bill received section 7 report being inconsistent new zealand bill of rights act 1990, freedom discrimination relating sexual orientation.

the bill had first reading debate on 7 december 2005, , subsequently failed 47 votes in favour 73 votes against.

marriage (definition of marriage) amendment act 2013

on 14 may 2012, labour party mp louisa wall stated introduce private member s bill, marriage (definition of marriage) amendment bill, allowing same-sex couples marry. bill submitted members bill ballot on 30 may 2012. drawn ballot , passed first , second readings on 29 august 2012 , 13 march 2013, respectively. final reading passed on 17 april 2013 77 votes 44. supporters in galleries greeted bill s passage applause , sang traditional maori love song pokarekare ana , many mps joining in. conservative lobby group family first nz called passage arrogant act of cultural vandalism . bill received royal assent governor-general jerry mateparae on 19 april , took effect on 19 august 2013.

the marriage (definition of marriage) amendment act 2013 amendment marriage act 1955 include definition of marriage explicitly allow same-sex marriages , amend other legislation necessary. definition reads: marriage means union of 2 people, regardless of sex, sexual orientation, or gender identity . prior passage of marriage (definition of marriage) amendment act 2013 there no definition of marriage in marriage act 1955 or in other new zealand legislation.

in december 2016, in first press conference following taking office, prime minister bill english announced vote in favour of same-sex marriage if vote held. said d vote differently on gay marriage issue. don t think gay marriage threat else s marriage. english voted against civil union act 2004 , marriage (definition of marriage) amendment act 2013, , in favour of marriage (gender clarification) amendment bill 2005.