Law Reform - Same Sex Marriage

Question 1

Marriage (definition of marriage) Bill 2013

Answer 1

Introduced in 2012; a member’s bill conducted by conscience vote.

Question 2

What did the Alcohol reform bill fail to do that this did?

Answer 2

The Alcohol reform bill failed to alter the law, while marriage reform successfully did.

Question 3

Who backed the Marriage Amendment Bill?

Answer 3

Louisa Wall - She was backed by her party (Labour)

Question 4

What was the aim of the Marriage (definition of marriage) Bill 2013?

Answer 4

To amend the Marriage Act 1995 to include same sex couples within the definition of marriage.

Question 5

What is this bill an example of with regards to the legislature and the courts?

Answer 5

This is an example of the legislature overriding a court decision

Much like the Foreshore and Seabed Act 2004

Question 6

Quilter vs Attorney General

Answer 6

1998
The court of appeal ruled that the legal definition of marriage did not include homosexual relationships.

It also stated it was for Parliament to resolve, which shows the doctrine of the separation of powers.

Question 7

Civil Unions Act 2004

Answer 7

Removed most legal inequalities between homosexual and heterosexual couples were removed through this Act.

Question 8

What was the aim of the Marriage Bill 2013, if the Civil Union Act 2004 mainly covered rights?

Answer 8

The aim of this Act was purely symbolic, fighting for equality.

Question 9

What was the practical aim of the 2013 Marriage Amendment Bill?

Answer 9

Adoption.

The adoption Act 1995; married couples can legally adopt, as well as single people.

Before the 2013 Act same sex couples could not legally adopt.

Question 10

The 2013 Act and BORA 1990

Answer 10

Successfully passed Section 7 without questions

Question 11

First Reading of the 2013 Marriage Amendment Bill

Answer 11

Overwhelming support in the house, but more information was wanted from the select committee

Question 12

First Reading Argument, Marriage 2013, Louisa Wall

Answer 12

Fought on the basis of human rights

Equality under the law

Question 13

First Reading Argument, Marriage 2013, Winston Peters

Answer 13

Argued on the basis of process

Wanting a referendum to decide a change

Question 14

First Reading Argument, Marriage 2013, Tim Macindoe

Answer 14

Argues from a Christian Perspective

Concerned about changing a fundamental construct: Marriage

Question 15

Marriage Amendment Bill 2013: Select Committee

Answer 15

The Government Administration Committee

- Dealt with arguments from the NZ Catholic Bishop Conference concerning the definition of marriage.

Question 16

2013 Select Committee; VUWSA Argument

Answer 16

Argued in favor of equality

Question 17

What did both VUWSA and NZCBC clash with, with regards to their submissions?

Answer 17

Both arguments clashed with provisions in BORA

• Freedom of religion
• The right to be free from discrimination

Question 18

2013 Marriage Bill supporters

Answer 18

NZ Campaign for Marriage Equality

Question 19

2013 Bill Second Reading

Answer 19

The bill comfortably passed the second reading and the committee of the whole house.

Question 20

Who tried to stop the 2013 Bill through an SOP?

Answer 20

NZ First; asking for a referendum. They failed.

Question 21

Why did this bill passed as opposed to the alcohol reform bill?

Answer 21

-NZ Parliament consists of a socially liberal majority
-More powerful lobby groups in Alcohol reform
-This bill was more straightforward (no split age issue)
-Young people have strong voices and liberal more
progressive attitudes.
- The bill was not changing the law to what it had once been before.

Question 22

1986

Answer 22

Homosexual Law Reform

Question 23

1993

Answer 23

Human Rights Act 1993

Question 24

Quilter v Attorney General

Answer 24

1998
Went to the High court
Went to the, then highest court, the court of appeal

Lost in both courts

• The courts didn’t overturn discrimination
• The courts did not recognize the discrimination

Question 25

Civil Unions Act

Answer 25

2004

Gave same sex couples the same rights as heterosexual couples; basically the same rights as marriage.

Question 26

Relationships (Statutory References) Act

Answer 26

2005

The law treats marriage and civil unions entirely identically

Treated equally in terms of property etc.

Question 27

2013; What’s left?

Answer 27

Marriage and Adoption concerns.

Question 28

What was public opinion on the Marriage Bill 2013?

Answer 28

Through polling it was found that not a huge majority supported it

Question 29

What sort of Bill was the Marriage Bill 2013?

Answer 29

A private member’s bill

Done by the ballot so it was quick

Question 30

Who introduced the 2013 Bill?

Answer 30

Louisa Wall, Labour

Question 31

What did the Attorney General think about the 2013 Bill?

Answer 31

AG though this bill did not breach anybody’s human rights.

Question 32

2013 Marriage Bill: First Reading

Answer 32

Conscience vote

Very broad support passing 80-40; MP’s wanted more info from SC

Question 33

Arguments for the 2013 Bill

Answer 33

Basic argument: Equality
It’s outlined in the BOR
Societal Contract

Question 34

Arguments against the 2013 Bill

Answer 34

NZ First
- Wanted a referendum to consult the NZ people
Religion
- Whose conscience vote is reflected? The MP or the constituents
Tradition:
- The state has no business interfering in an old age tradition.

Question 35

Arguments against 2013; The point of children

Answer 35

Same sex couples cannot have children; said to undermine the purpose of marriage

Response:
Single people can adopt and infertile people can get married.

Question 36

2013 Bill Select Committee Submissions

Answer 36

21,533 submissions

The submissions reflected a similar argument to that in Parliament; that it took something away from the meaning of marriage.

Clearly marriage is not just about civil rights, as the Civil Unions Act 2004 covers rights.

Question 37

Government Administration Committee response to the submissions made

Answer 37

They made some changes: 
Clarified religious protections 
Removed obsolete offence
Delayed commencement dates (an adjustment period)
Consequential amendments.

Question 38

SOP’s at Second Reading

Answer 38

SOP 1: NZ first wanted a referendum; defeated

SOP 2: Individual conscience exception; defeated

Service provider exception to human rights legislation
- Anyone affiliated with marriage could step aside
- Refuse service to same sex couples
Wanted an exception to BOR: defeated

Question 39

Third Reading and Royal Assent

Answer 39

The bill passed 77-44

Maurice Williamson Speech