New Zealand same-sex marriage legislation in the Australian media

Continuum ◽  
2015 ◽  
Vol 29 (3) ◽  
pp. 287-303 ◽  
Author(s):  
Thi Huyen Linh Nguyen
Keyword(s):  
New Zealand ◽  
Same Sex ◽  
Same Sex Marriage

scholarly journals Same-Sex Marriage and Religious Exemption under the Marriage Act: Where Does Section 29 Leave Religious Objectors?

2021 ◽  
Author(s):  
◽  
Simon Matthew Wilson
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Democratic Society ◽  
Bill Of Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Right ◽  
Religious Exemption

<p>This paper analyses the implications of section 29(1) of the Marriage Act 1955 for marriage celebrants wishing to refuse to solemnise same-sex marriages on religious grounds. Section 29(2) of the Marriage Act (as amended in 2013) allows a limited religious exemption for some celebrants, but not all are covered by this provision. Those not included (namely independent celebrants) can only refuse to solemnise a marriage if section 29(1) allows such a refusal. This paper asserts that when solemnising marriages, celebrants perform a ‘public function’ and are therefore subject to human rights obligations arising from the New Zealand Bill of Rights Act 1990 (NZBORA). These obligations are not overridden by section 29(1), so a celebrant can only refuse to solemnise a marriage if NZBORA allows this. A refusal to solemnise a same-sex marriage on religious grounds limits the right to freedom from discrimination in a way that is demonstrably justified in a free and democratic society, and thus permitted by NZBORA. Section 29(1) therefore provides a broader protection for celebrants than section 29(2), allowing all celebrants to refuse to solemnise same-sex marriages on religious grounds.</p>

scholarly journals Solemnisation of Same-sex Marriage and Religious Freedom

2014 ◽  
Vol 16 (3) ◽  
pp. 283-305 ◽  
Author(s):  
Rex Ahdar
Keyword(s):  
New Zealand ◽  
Religious Freedom ◽  
The State ◽  
Same Sex ◽  
Same Sex Marriage ◽  
England And Wales ◽  
Free Exercise ◽  
Legal Challenge ◽  
Western Nations ◽  
The Right

Same-sex marriage is legal or likely to be legalised in many Western nations. One important safeguard invariably incorporated in the legislation providing for same-sex marriage has been an exemption for religious ministers who object to solemnising such marriages. Another category of potential objectors consists of marriage registrars, commissioners or celebrants employed or appointed by the state. By contrast, an accommodation grounded in the right of religious freedom and conscience for these governmental celebrants has not been granted. This article examines the introduction of same-sex marriage in three jurisdictions – England and Wales, New Zealand and Canada. It analyses the precise ambit of the exemption for religious celebrants, considers the vulnerability of such exemptions to future legal challenge and questions the validity of denying free exercise accommodation to state-appointed celebrants.

scholarly journals Same-Sex Marriage and Religious Exemption under the Marriage Act: Where Does Section 29 Leave Religious Objectors?

2021 ◽  
Author(s):  
◽  
Simon Matthew Wilson
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Democratic Society ◽  
Bill Of Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Right ◽  
Religious Exemption

<p>This paper analyses the implications of section 29(1) of the Marriage Act 1955 for marriage celebrants wishing to refuse to solemnise same-sex marriages on religious grounds. Section 29(2) of the Marriage Act (as amended in 2013) allows a limited religious exemption for some celebrants, but not all are covered by this provision. Those not included (namely independent celebrants) can only refuse to solemnise a marriage if section 29(1) allows such a refusal. This paper asserts that when solemnising marriages, celebrants perform a ‘public function’ and are therefore subject to human rights obligations arising from the New Zealand Bill of Rights Act 1990 (NZBORA). These obligations are not overridden by section 29(1), so a celebrant can only refuse to solemnise a marriage if NZBORA allows this. A refusal to solemnise a same-sex marriage on religious grounds limits the right to freedom from discrimination in a way that is demonstrably justified in a free and democratic society, and thus permitted by NZBORA. Section 29(1) therefore provides a broader protection for celebrants than section 29(2), allowing all celebrants to refuse to solemnise same-sex marriages on religious grounds.</p>

A short history of same-sex marriage in New Zealand

Sexualities ◽  
2020 ◽  
Vol 23 (8) ◽  
pp. 1417-1433
Author(s):  
Chris Brickell
Keyword(s):  
Social Change ◽  
New Zealand ◽  
19Th Century ◽  
Political Action ◽  
Marriage Equality ◽  
Same Sex ◽  
Short History ◽  
Same Sex Marriage ◽  
Legal Provisions ◽  
History Of

Is same-sex marriage a recent outcome of concerted political action, or does it have a much longer history? This article critically examines the historical tensions and complexities around same-sex marriage by focusing on the New Zealand context. It argues that same-sex marriage is not simply a matter of legal provisions, but also reflects shared customs and incipient forms of politics that took hold before the era of marriage equality and have since been further transformed. By offering an overview of the New Zealand situation between the mid-19th century and the present day, this article examines the cultural and political complexities of same-sex marriage in order to tease out the intricate intersections between historical continuities and social change.

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