Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

MARRIAGE AMENDMENT BILL 2012

                      2011- 2012




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




           HOUSE OF REPRESENTATIVES




            Marriage Amendment Bill 2012




           EXPLANATORY MEMORANDUM
                         and
  STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS




               Circulated by authority of
                    Stephen Jones
                              Marriage Amendment Bill 2012

OUTLINE

The Marriage Amendment Bill 2012 amends the Marriage Act 1961 to establish marriage
equality for same-sex couples principally by amending the definition of marriage in section
5(1) of that Act.

The Bill also inserts a new subsection into section 47(a) to specify that a minister of
religion, a person authorised under a State or Territory law, or a marriage celebrant is not
under an obligation to solemnise a marriage where the parties are of the same sex.



FINANCIAL IMPACT

The bill will have no financial impact.



NOTES ON CLAUSES

                   Schedule 1 - Amendment of the Marriage Act 1961

   1. Item 1 of Schedule 1 repeals the definition of marriage that is in subsection 5(1) of
      the Marriage Act 1961, and substitutes that definition with a new definition:

              marriage means the union of two people, regardless of their sex, to the
              exclusion of all others, voluntarily entered into for life.

   2. Item 2 of Schedule 1 makes an amendment to section 46 of the Marriage Act 1961
      in regard to the words used by authorised celebrants to explain the nature of
      marriage relationship.

       In subsection (1), the words "a man and a woman" are to be replaced with the
       words "two people", to remove the gender-specific reference of the marriage
       parties.

   3. Item 3 of Schedule 1 inserts a new subsection into section 47(a) of the Marriage
      Act 1961. This section provides that an authorised celebrant, being a minister of
      religion is not bound to solemnise any marriage. The new subsection (aa), is
      inserted to avoid any doubt in regard to the operation of this section specifically in
      regard to same-sex marriages.

       The new subsection is as follows:

              [Nothing in this Part]
              ...
              (aa) imposes an obligation on an authorised celebrant, being a minister of
              religion, to solemnise a marriage where the parties to the marriage are of the
              same sex; or
   4. Item 4 of Schedule 1 repeals section 88EA which currently provides that a union
      solemnised in a foreign country between same-sex couples must not be recognised
      as a marriage in Australia. It is inconsistent with the other provisions of the Bill.

   5. Item 5 of Schedule 1 amends Part III of the Schedule to the Marriage Act 1961 to
      replace the words "a husband and wife" in table item 1 with the words "two people".



                STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act
2011

                               Marriage Amendment Bill 2012

This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.

Overview of the bill

This Bill will amend the Marriage Act 1961 to ensure all adult couples, irrespective of sex
and who have a mutual commitment to a shared life, have equal access to marriage.

Human rights implications

This Bill seeks to end discrimination against same-sex couples who wish to have their
relationships recognised by the State by amending the definition of marriage that is
currently in section 6 of the Marriage Act 1961.

At the same time, this Bill protects religious freedom.

This Bill will permit a minister of religion, a person authorised under a state or territory law
or a marriage celebrant authorised under the Marriage Act 1961 to perform a marriage
between same-sex couples and will permit that marriage to be recognised in Australian
law.

In addition, proposed amendments to section 47 of the Act will reinforce the existing
provisions that ensure that a minister of religion is under no obligation to solemnise a
marriage where the parties to that marriage are of the same sex.

Conclusion

This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011 because it ends an existing discrimination against same-sex couples who wish to
have their relationships recognised by the Australian Government.


Stephen Jones
Member for Throsby

[Index] [Search] [Download] [Bill] [Help]