Same-sex marriage in New Zealand
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Same-sex marriage has been legal in New Zealand since 19 August 2013. Legislation to allow it, the Marriage (Definition of Marriage) Amendment Act 2013 was passed by the House of Representatives on 17 April 2013 by 77 votes to 44 and received royal assent on 19 April.[1] It entered into force on 19 August, to allow time for the Department of Internal Affairs to make the necessary changes for marriage licensing and related documentation. New Zealand became the first country in Oceania, the fourth in the Southern Hemisphere, and the fifteenth overall to allow same-sex couples to marry.[2] Civil unions have also been available for both same-sex and opposite-sex couples since 2005.[3]
The New Zealand Parliament can enact marriage laws only in regard to New Zealand proper and the Ross Dependency in Antarctica.[4] The three other territories making up the Realm of New Zealand—the Cook Islands, Niue, and Tokelau—do not recognise same-sex marriage or civil unions.
Civil unions
Same-sex marriage
Quilter v Attorney-General
The case Quilter v Attorney-General had its origin in early 1996 when three female couples in long-term relationships, including
Both parties agreed that at the time the Marriage Act 1955 was written in the 1950s, marriage according to the common law was between one man and one woman, which explained why the Act did not specifically outlaw same-sex marriage. The applicants argued, however, that under the Human Rights Act 1993, which prohibits discrimination based on sexual orientation, and sections 6 ("Interpretation consistent with Bill of Rights to be preferred") and 19 ("Freedom from discrimination") of the Bill of Rights, New Zealand prohibits discrimination based on sexual orientation and, therefore, the applicants should be allowed to marry. The government in response cited section 5 ("Justified limitations") of the Bill of Rights, which allows rights and freedoms in the Bill of Rights to "be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society". In its decision, the High Court sided with the government and common law and reiterated that marriage is between one man and one woman.[9][10] The High Court decision was appealed to the Court of Appeal (then New Zealand's highest court) in December 1997, which upheld the ruling.[9]
Ms. Juliet Joslin et al. v. New Zealand
On 30 November 1998, two couples involved in Quilter v Attorney-General sued New Zealand before the United Nations Human Rights Committee claiming that the country's ban on same-sex marriage violated the International Covenant on Civil and Political Rights. The Committee rejected the case on 17 July 2002.[11]
2005 election
During the 2005 election, Prime Minister Helen Clark said she thought it was discriminatory to exclude same-sex couples from the Marriage Act 1955, but said her government would not change the law due to public opinion. Instead, she praised civil unions.[12]
Marriage (Gender Clarification) Amendment Bill 2005
In 2005, United Future MP Gordon Copeland sponsored the Marriage (Gender Clarification) Amendment Bill that would have amended New Zealand marriage law to define marriage as only between a man and a woman, and amend anti-discrimination protections in the Bill of Rights related to marital and family status so that the bill could stand. This was criticised by opponents, such as Attorney General Michael Cullen, as an overly "radical" attack on the Bill of Rights. The bill also would have prohibited the recognition of same-sex marriages from foreign countries as marriages in New Zealand. The bill received a Section 7 report for being inconsistent with the Bill of Rights, specifically freedom from discrimination relating to sexual orientation.
The bill had its first reading debate on 7 December 2005, and subsequently failed 47 votes in favour to 73 votes against.[13][14][15]
Marriage (Definition of Marriage) Amendment Act 2013
On 14 May 2012,
The Marriage (Definition of Marriage) Amendment Act 2013[b] amended the Marriage Act 1955 to include a definition of marriage explicitly allowing same-sex marriages, and amended other legislation as necessary. The definition reads: "marriage means the union of 2 people, regardless of their sex, sexual orientation, or gender identity".[28] Prior to the passage of the Act, there was no explicit definition of marriage in New Zealand legislation.
31 same-sex couples married across New Zealand that Monday, 19 August 2013; 15 in Auckland, 6 in Wellington, 6 in Christchurch and 4 in Rotorua.[30] Among the first couples to marry were Natasha Vitali and Melissa Ray in Auckland, who had won a competition on a radio show for an all-expenses paid ceremony. Lynley Bendall and Ally Wanikau were married in an Air New Zealand flight between Auckland and Queenstown in a ceremony attended by U.S. actor Jesse Tyler Ferguson.[31]
In December 2016, in his first press conference after taking office, Prime Minister Bill English said he would vote in favour of same-sex marriage if another vote were to be held. He said, "I'd probably vote differently now on the gay marriage issue. I don't think that gay marriage is a threat to anyone else's marriage." English voted against the Civil Union Act 2004 and the Marriage (Definition of Marriage) Amendment Act 2013, and in favour of the Marriage (Gender Clarification) Amendment Bill 2005.[32][33] Prime Minister Jacinda Ardern, in office between 2017 and 2022, supported same-sex marriage.[29]
Economic impact
New Zealand has long been a destination for international weddings. From 2013, due to same-sex marriage not being legal in
Marriage statistics
In the year after 19 August 2013 (when the law became operational), 926 same-sex marriages were registered in New Zealand, of which 520 were between female couples and 406 were between male couples. 532 marriages (57.5%) were between New Zealand citizens, and 237 marriages (25.6%) were between Australian citizens.[36][37]
In 2016, 954 same-sex marriages and civil unions were performed in New Zealand. 483 of these unions were between couples living in New Zealand, while 471 were between couples who travelled from overseas, of which 58% came from Australia, 17% from China, 4% from the United Kingdom, another 4% from the United States and the remainder came from 25 other countries.[38][39] Same-sex unions represented 4.1% of all unions performed in New Zealand that year.
Year | New Zealand residents | Overseas residents | ||
---|---|---|---|---|
Opposite-sex | Same-sex | Opposite-sex | Same-sex | |
2013 | 19,029 | 210 | 2,271 | 147 |
2014 | 19,638 | 486 | 2,508 | 390 |
2015 | 19,440 | 453 | 2,472 | 432 |
2016 | 19,719 | 465 | 2,484 | 468 |
2017 | 20,145 | 462 | 2,628 | 495 |
2018 | 20,394 | 492 | 2,730 | 375 |
2019 | 18,609 | 408 | 2,613 | 264 |
2020 | 16,347 | 387 | 1,152 | 90 |
2021 | 15,300 | 300 | 219 | 9 |
2022 | 18,402 | 456 | 1,227 | 90 |
Figures for 2020 and 2021 are lower than previous years because of the restrictions in place due to the COVID-19 pandemic.
Religious performance
Following years of consultations and debate, the general synod of the Anglican Church in Aotearoa, New Zealand and Polynesia voted in May 2018 to allow its ministers to bless same-sex civil marriages and unions. Ministers may offer their blessing to civil marriages but are not permitted to perform same-sex wedding ceremonies in the church.[44]
Following the passage of the same-sex marriage legislation in Parliament, the Methodist Church of New Zealand responded that it would allow its parishes to perform same-sex marriages in its churches. A Methodist minister in Napier said, "If a parish is willing to have same-sex marriages happen in its church, but the incumbent minister is not comfortable, then it can invite a minister from another parish who is happy to perform the ceremony, and vice versa. If a minister is happy to perform and the parish is not, then the minister may seek to use another Methodist church that is accepting."[45]
Public opinion
Opinion polls
Date | Conducted by | Sample size
|
In favour | Neutral | Against | Undecided | Margin of Error |
---|---|---|---|---|---|---|---|
September 2004[46] | Herald-DigiPoll | 750 | 40% | 54% | |||
6–9 July 2011[47] | Research New Zealand | 500 | 60% | 34% | 4% | ±4.6% | |
26–30 May 2012[48] | ONE News Colmar Brunton Poll | 1005 | 63% | 31% | 5% | ±3.1% | |
18–28 June 2012[49][50] | Herald-DigiPoll | 750 | 53.5% | 40.5% | 6% | ±3.6% | |
11–17 September 2012[51] | Research New Zealand | 500 | 49% | 15% | 32% | ±4.7% | |
December 2012[50] | Herald-DigiPoll | 500 | 59% | 38% | 3% | ±4.4% | |
13–19 December 2012[52] | Key Research | 1000 | 53.9% | 38.1% | 8% | ±3.1% | |
11–17 March 2013[53] | Herald-DigiPoll | 750 | 49.6% | 48% | 2.4% | ±3.6% |
Per the December 2012 Herald-DigiPoll, support for same-sex marriage varied by age: young people overwhelmingly supported same-sex marriage, whereas people above 65 were mostly opposed.[54] A poll conducted by the Waikato Times in August 2012 found that 46% of Waikato residents supported same-sex marriage, while 39% were opposed.[54]
Public opposition to same-sex marriage sharply increased during the time the same-sex marriage bill was being discussed by Parliament. LGBT groups attributed this increase to "scaremongering", while opponents claimed that "people are waking up to the negative social effects of changing the Marriage Act".[53] However, opposition to same-sex marriage has significantly decreased since the bill has become law, being under 25% according to a 2016 poll.[55]
A September–October 2016 survey by the Varkey Foundation found that 74% of 18–21-year-olds supported same-sex marriage in New Zealand.[56]
Public campaigns
The Legalise Love campaign was launched in August 2011 to promote legal marriage and
Public opposition to same-sex marriage has come from the
In March 2013, the youth wings of all eight parties represented in Parliament jointly announced their support for the bill, including the youth wing of New Zealand First, whose MPs had said that they were going to vote against it.[68][69]
After the third reading of the Marriage (Definition of Marriage) Amendment Act 2013, Conservative Party Leader
See also
- Marriage in New Zealand
- LGBT in New Zealand
- LGBT rights in New Zealand
- Recognition of same-sex unions in Oceania
Notes
- ^ Māori: hononga ā-ture,[5][6] pronounced [ˈhɔnɔŋa ˈaːtʉɾɛ]
- ^ Māori: Te Ture Mārena Takatāpui 2013,[27] pronounced [tɛ ˈtʉɾɛ ˈmaːɾɛna takaˈtaːpʉ.i]
References
- ^ "Marriage (Definition of Marriage) Amendment Bill - New Zealand Parliament". parliament.nz. Archived from the original on 10 November 2019. Retrieved 10 November 2019.
- ^ "Here are the 30 countries where same-sex marriage is officially legal". Good Morning America. 26 June 2019. Archived from the original on 14 November 2019. Retrieved 14 November 2019.
- ^ "Civil Union Act 2004". legislation.govt.nz. Archived from the original on 14 November 2019. Retrieved 14 November 2019.
- ^ "Section 2: Interpretation -- Births, Deaths, Marriages, and Relationships Registration Act 1995". Parliamentary Counsel Office. Archived from the original on 13 March 2016. Retrieved 27 August 2013.
New Zealand includes the Ross Dependency.
- ^ "Pānui mō te hononga ā-ture kua whakaritea, Notice of intended civil union". Department of Internal Affairs, New Zealand Government. Archived from the original on 2 March 2020. Retrieved 24 February 2019.
- ^ "Tono Tiwhikete Hononga ā-Ture o Aotearoa, Tānga rānei, Request for New Zealand Civil Union Certificate or Copy of record" (PDF). govt.nz. Archived (PDF) from the original on 14 November 2019. Retrieved 14 November 2019.
- ^ "Civil Unions Bill passed". The New Zealand Herald. 9 December 2004. Archived from the original on 19 November 2018. Retrieved 12 March 2017.
- ^ Gregory, Justin (1 September 2016). "Jenny and Jools". RNZ.
- ^ New Zealand Court of Appeal. 17 December 1997. Archived from the original(PDF) on 5 January 2016. Retrieved 3 September 2012.
- ^ Rishworth, Paul (1998). "Reflections on the Bill of Rights after Quilter v. Attorney-General". New Zealand Law Review. 1998: 683. Archived from the original on 23 July 2020. Retrieved 21 July 2022.
- ^ "Communication No 902/1999 : New Zealand. 2002-07-30". United Nations Human Rights Committee. 17 July 2002. Archived from the original on 21 November 2015. Retrieved 3 September 2012.
- ^ "Act discriminatory, but no amendment". Newstalk ZB. 14 September 2005. Archived from the original on 8 November 2005.
- ^ "Marriage (Gender Clarification) Amendment Bill". New Zealand Parliament. Archived from the original on 13 March 2016. Retrieved 13 March 2016.
- ^ "Marriage (Gender Clarification) Amendment Bill – First Reading". New Zealand Parliament. 7 December 2005. Archived from the original on 29 February 2016. Retrieved 18 July 2012.
- ^ "Marriage (Gender Clarification) Amendment Bill". New Zealand Parliamentary Votes Database. Archived from the original on 8 April 2019. Retrieved 27 November 2016.
- Stuff.co.nz. Archived from the originalon 31 January 2016. Retrieved 29 August 2012.
- ^ "Marriage (Definition of Marriage) Amendment Bill – Proposed Members' Bills – Legislation". New Zealand Parliament. 30 May 2012. Retrieved 18 July 2012.
- ^ Shuttleworth, Kate; Young, Audrey (29 August 2012). "Marriage bill passes first reading". The New Zealand Herald. Archived from the original on 11 November 2011. Retrieved 29 August 2012.
- ^ Watkins, Tracy (14 March 2013). "Passions fly as MPs vote on gay marriage". Stuff.co.nz. Archived from the original on 6 February 2016. Retrieved 14 March 2013.
- ^ Schwartz, Dominique (17 April 2013). "NZ legalises same-sex marriage". Australia: ABC News. Archived from the original on 3 January 2016. Retrieved 14 March 2016.
- Television New Zealand. 17 April 2013. Archived from the originalon 20 April 2013. Retrieved 14 March 2016.
- Rotorua Daily Post.
- ^ "New Zealand parliament breaks into song after legalising gay marriage". The Guardian. 18 April 2013. Archived from the original on 4 March 2016. Retrieved 19 August 2013.
- ^ "77 Politicians Commit Act of 'Cultural Vandalism', Media Release 12 April 2013". Family First NZ. 17 April 2013. Archived from the original on 15 February 2016. Retrieved 19 August 2013.
- 3 News NZ. 23 April 2013. Archived from the originalon 13 March 2016. Retrieved 19 August 2013.
- ^ Wade, Amelia; Theunissen, Matthew; Tapaleao, Vaimoana (19 August 2013). "Same-sex couples celebrate wedded bliss". The New Zealand Herald. Archived from the original on 20 April 2023. Retrieved 19 August 2013.
- ^ "Te Pire Mārena Takatāpui - He uiui roa". Te Ao Māori News (in Māori). 17 April 2013. Archived from the original on 22 January 2022. Retrieved 22 January 2022.
- ^ Marriage (Definition of Marriage) Amendment Act 2013, Section 5 Retrieved 23 October 2016
- ^ a b Harkanwal Singh; Andy Ball (17 April 2013). "Marriage equality bill - How MPs voted". Stuff.co.nz. Archived from the original on 24 September 2015. Retrieved 17 April 2013.
- ^ DeHart, Jonathan (19 August 2013). "New Zealand Holds First Gay Weddings". The Diplomat. Archived from the original on 1 February 2014.
- ^ "New Zealand gay couples hold first weddings". BBC News. 19 August 2013. Archived from the original on 29 November 2015.
- ^ "Incoming Prime Minister Bill English U-turns on gay marriage". The New Zealand Herald. 12 December 2016. Archived from the original on 12 March 2017. Retrieved 12 March 2017.
- ^ "Parliamentary Conscience Votes Database: Civil Unions Act". Archived from the original on 20 January 2019. Retrieved 12 March 2017.
- ^ Same sex marriage in NZ benefits economy to tune of A$550 million Archived 8 February 2019 at the Wayback Machine NZ Herald, 13 May 2017
- ^ SSM: New Zealand's experience shows how Yes vote could boost our economy Archived 15 August 2018 at the Wayback Machine ABC News, 20 November 2017
- ^ "926 same sex marriages since law change". Department of Internal Affairs New Zealand. 18 August 2014. Archived from the original on 4 March 2016. Retrieved 16 November 2014.
- ^ "One year on: One third of NZ gay marriages are of Aussie couples". Gay News Network. 23 April 2014. Archived from the original on 16 January 2016. Retrieved 14 March 2016.
- ^ Same-Sex Couples From Australia And China Are Getting Married In New Zealand Archived 12 February 2019 at the Wayback Machine BuzzFeed News
- ^ Same-sex couples flocking to New Zealand to tie the knot Archived 11 February 2019 at the Wayback Machine Stuff.co.nz
- ^ "Marriages, civil unions, and divorces: Year ended December 2018". Statistics New Zealand. 3 May 2019. Archived from the original on 5 June 2019. Retrieved 5 June 2019.
- ^ "Marriages, civil unions, and divorces: Year ended December 2019". Statistics New Zealand. 5 May 2020. Archived from the original on 7 June 2020. Retrieved 7 June 2020.
- ^ "Marriages, civil unions, and divorces: Year ended December 2021". Statistics New Zealand. 4 May 2022. Archived from the original on 8 May 2022. Retrieved 8 May 2022.
- ^ "Marriages, civil unions, and divorces: Year ended December 2022 | Stats NZ". www.stats.govt.nz. Retrieved 13 February 2024.
- ^ "Anglican Church will bless same-sex relationships". Newshub. 9 May 2018. Archived from the original on 10 April 2021. Retrieved 12 March 2022.
- ^ "Gay Marriage Coming to the Bay". baybuzz.co.nz. Archived from the original on 22 January 2015.
- ^ "Civil Union Bill: What the readers say". The New Zealand Herald. 5 October 2012. Archived from the original on 5 March 2016. Retrieved 27 December 2012.
- ^ "RNZ Media Release: Same Sex Marriages" (PDF). Research New Zealand. 12 July 2011. Archived from the original (PDF) on 10 February 2015. Retrieved 19 July 2011.
- ^ "Views on whether same-sex couples should be able to marry" (PDF). Colmar Brunton. May 2012. Archived from the original (PDF) on 5 October 2015. Retrieved 23 September 2012.
- ^ "Support grows for gay adoption". The New Zealand Herald. 30 June 2012. Archived from the original on 11 November 2011. Retrieved 27 December 2012.
- ^ a b "Generations divided over gay marriage". The New Zealand Herald. 27 December 2012. Archived from the original on 11 November 2011. Retrieved 27 December 2012.
- ^ "RNZ Media Release: Same Sex Marriages, Civil Union and Adoption" (PDF). Research New Zealand. 21 September 2012. Archived from the original (PDF) on 10 February 2015. Retrieved 27 December 2012.
- ^ "Polls: Gay marriage, right to die get the tick". The New Zealand Herald. 6 January 2013. Archived from the original on 11 November 2011. Retrieved 6 January 2013.
- ^ a b "Shock poll over gay marriage bill". The New Zealand Herald. 26 March 2013. Archived from the original on 11 November 2011. Retrieved 26 March 2013.
- ^ a b "Archives: same sex marriage". Archived from the original on 5 February 2019. Retrieved 1 January 2018.
- ^ "ILGA/RIWI Global Attitudes Survey on LGBTI People" (PDF). Archived 10 May 2017 at the Wayback Machine ILGA. p. 58. Retrieved 31 December 2016.
- ^ Broadbent, Emma; Gougoulis, John; Lui, Nicole; Pota, Vikas; Simons, Jonathan (January 2017). "What The World's Young People Think And Feel" (PDF). Varkey Foundation. Archived (PDF) from the original on 20 August 2019. Retrieved 13 April 2021.
- ^ "'Legalise Love' campaign formally launched". GayNZ.com. 22 August 2011. Archived from the original on 4 March 2016. Retrieved 30 November 2011.
- ^ "Pro-gay marriage protest hits Parliament". 3 News. 20 October 2011. Archived from the original on 26 July 2014. Retrieved 30 November 2011.
- ^ Amelia Romanos and Sharon Lundy (20 October 2011). "Calls for gay marriage to be on election agenda". The New Zealand Herald. Archived from the original on 11 November 2011. Retrieved 30 November 2011.
- ^ "Marriage equality 'about love'". 3 News NZ. 6 December 2012. Archived from the original on 5 October 2013.
- ^ Chapman, Kate (23 November 2012). "Gay marriage 'not forced on churches'". Stuff. Archived from the original on 24 September 2015. Retrieved 25 December 2012.
- ^ Davison, Issac (28 July 2012). "Gay marriage opponents gear up to fight Wall's bill". The New Zealand Herald. Archived from the original on 11 November 2011. Retrieved 20 August 2012.
- ^ "Anti-gay marriage petition launched". 3 News. 29 July 2012. Archived from the original on 13 November 2012. Retrieved 9 January 2013.
- ^ "Anti gay marriage website crashes after 'attack'". Television New Zealand. 30 July 2012. Archived from the original on 2 August 2012. Retrieved 9 January 2013.
- ^ Davison, Isaac; Quilliam, Rebecca (28 August 2012). "50,000 sign against gay marriage". The New Zealand Herald. Archived from the original on 11 November 2011. Retrieved 9 January 2013.
- ^ "New Zealanders For Marriage". Archived from the original on 7 July 2013.
- ^ King, Caroline (16 April 2013). "Free Moa gig to celebrate same-sex marriage". The Press. Christchurch. Archived from the original on 24 September 2015. Retrieved 16 April 2013.
- ^ "Youth parties sign marriage pledge". 3 News NZ. 11 March 2013. Archived from the original on 26 July 2014.
- ^ "Youth boost for gay marriage". Stuff.co.nz. 11 March 2013. Archived from the original on 24 September 2015.
- ^ "Gay marriage 'a failure of democracy' - Craig". 3 News NZ. 18 April 2013. Archived from the original on 5 December 2014.
- ^ New Zealand Electoral Commission. "Official Count Results - Overall Status". Electionresults.govt.nz. Archived from the original on 8 March 2016. Retrieved 27 December 2015.
- ^ "Protect Marriage NZ". Protectmarriage.org.nz. Archived from the original on 12 March 2016. Retrieved 14 March 2016.
External links
- Marriage Act 1955, New Zealand Legislation