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Marriage Equality Amendment Bill 2012
Explanatory Memorandum
Circulated by authority of Mr Bandt
GENERAL OUTLINE
The Marriage Equality Amendment Bill 2012 will remove all discrimination
from the Marriage Act 1961 to ensure that all people, regardless of their sex,
sexual orientation or gender identity have the opportunity to marry.
The Australian Greens believe that discrimination such as that espoused by
the Marriage Act 1961 must be overturned to ensure that freedom of sexual
orientation and gender identity are recognised as fundamental human rights,
and that acceptance and celebration of diversity are essential components for
genuine social justice and equality to exist.
This Bill will also reverse amendments made to the Marriage Act in 2004,
which not only continue to discriminate on the basis of sexuality and gender
identity, but also explicitly prohibit the recognition of same-sex marriages
entered into under the laws of another country.
FINANCIAL IMPACT:
Nil.
NOTES ON CLAUSES
Clause 1 - Short title
This clause provides for the Act, when enacted, to be cited as the Marriage
Equality Amendment Act 2012.
Clause 2 - Commencement
This clause provides for the commencement of the Act on the day on which it
receives Royal Assent.
Clause 3 - Objects
This clause states that the objects of this Bill are to:
(a) remove from the Marriage Act 1961 discrimination against people on
the basis of their sex, sexual orientation or gender identity; and
(b) recognise that freedom of sexual orientation and gender identity are
fundamental human rights; and; and
(c) promote acceptance and the celebration of diversity;
.
Schedule 1 - Amendment of the Marriage Act
Item 1 - Subsection 5(1) (definition of marriage):
Item 1 amends the definition of 'marriage' in the Marriage Act 1961 to
"marriage means the union of two people, regardless of their sex, sexual
orientation or gender identity, to the exclusion of all others, voluntarily entered
into for life."
Item 2 - Subsection 45(2)
Item 2 inserts "or partner" into the words spoken by each of the parties in the
presence of an authorised celebrant, not being a Minister of religion, when
solemnizing a marriage.
Item 3 - Subsection 46(1)
Item 3 amends the words required to be spoken by the authorised celebrant
to the parties replacing the gendered term 'man and a woman' with the gender
neutral phrase "Marriage, according to law in Australia, is the union of two
people to the exclusion of all others, voluntarily entered into for life."
Item 4 - Section 47
Item 4 amends section 47 to make it clear that Ministers of religion are not
bound to solemnise marriage by the Marriage Act or any other law.
Item 5 - Subsection 72(2):
Item 5 inserts "or partner" into the words spoken by each of the parties in the
presence of an authorised celebrant, not being a Minister of religion, when
solemnizing a marriage.
Item 6 - Section 88EA
Item 6 repeals section 88EA that prohibits the recognition of marriage
between same sex couples solemnised in a foreign country.
Item 7 - Part 111 of the Schedule (table item 1)
Item 7 amends the Schedule that deals with 'Persons whose consent is
required to the marriage of a minor'. Item 1 of the schedules table, to change
the discriminatory term 'husband and wife' to 'two people'.
Item 8 - Application--ministers of religion
Item 8 clearly states that the amendments made by this Schedule do not limit
the effect of section 47 (ministers of religion not bound to solemnise marriage
etc.) of the Marriage Act 1961.
Item 9 - Regulations may make consequential amendments of Acts
Item 9 inserts a regulation making power that allows Acts (other than the
Marriage Act 1961) to be amended consequentially, or that otherwise relate
to, the enactment of this Act.