Commonwealth of Australia Explanatory Memoranda

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MARRIAGE (RELATIONSHIPS EQUALITY) AMENDMENT BILL 2007

         Marriage (Relationships Equality) Amendment Bill 2007

                         Explanatory Memorandum




GENERAL OUTLINE

The Marriage (Relationships Equality) Amendment Bill 2007 will remove from
the Marriage Act 1961 discrimination on the basis of sexuality and gender
identity, and to permit marriage regardless of sexuality and gender identity.

The bill reverses the Marriage Amendment Act 2004 which discriminates on
the basis of sexuality and gender identity by preventing marriage of same-sex
couples, and excluding recognition of same-sex marriages entered into under
the laws of another country.



NOTES ON CLAUSES

Schedule 1--Amendment of the Marriage Act 1961

1 Subsection 5(1)

Item 1 amends the definition of 'marriage' in the Marriage Act 1961 to:
"marriage means the union of two persons, regardless of their sexuality or
gender identity, voluntarily entered into for life."

The use of the discriminatory gender specific term of 'man and woman' is
removed.


2 Subsection 45(2)
Item 2 amends the words spoken by the parties during the marriage in the
presence of an authorized celebrant replacing the discriminatory terms 'wife
(or husband)' with the non-discriminatory phrase "...to be my lawfully wedded
spouse."


3 Subsection 46(1)
Item 3 amends the words spoken by the authorized celebrant to the parties
replacing the discriminatory term 'man and a woman' with the non-
discriminatory phrase "Marriage, according to law in Australia, is the union of
two people to the exclusion of all others, voluntarily entered into for life."
4 Subsection 72(2)
Item 4 amends the words spoken by the parties to the marriage in the
presence of the chaplain and the witnesses removing the discriminatory terms
'wife (or husband)' and changing it to the non-discriminatory phrase "to be my
lawful wedded spouse".


5 Section 88EA
Item 5 repeals Section 88EA that discriminates on the basis of sexuality and
gender identity by not recognising marriages between same sex couples
solemnised in a foreign country.


6 Part III of the Schedule (table item 1)
Item 6 alters the Schedule that deals with 'Persons whose consent is required
to the marriage of a minor'. Item 1 of the schedules table, is amended
changing the discriminatory term "husband and wife' to 'two people'.