Same-sex marriage in New Zealand
Encyclopedia
New Zealand does not currently allow same-sex marriages, but allows civil union
s that provide virtually all the rights and responsibilities of marriage
. However, there are no obstacles to prevent changes such as statutory prohibitions against same-sex marriages, as is the case with statutory and constitutional enactments within much of the United States
, as well as Australia
.
However, as for transsexuals who have undergone reassignment surgery, they are viewed as heterosexuals and can marry someone of the opposite sex to which they are now assigned.
During the 2005 election
, Prime Minister
Helen Clark
stated that she thought it was discriminatory to exclude same-sex couples from the Marriage Act 1955, but said she would not push to change it.
(MP) Gordon Copeland
sponsored the Marriage (Gender Clarification) Amendment Bill that would have amended the Marriage Act 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 move was strongly criticised by opponents of the legislation, such as then-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. However, it was voted down by a large margin (47 in favour, 73 against) on December 7, 2005.
in October 2011. The New Zealand Labour Party
and the Green Party
have indicated support for marriage equality. The campaign is not supported by the New Zealand National Party
who retained power in the November 2011 general election
, gaining another three year term.
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s that provide virtually all the rights and responsibilities of marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
. However, there are no obstacles to prevent changes such as statutory prohibitions against same-sex marriages, as is the case with statutory and constitutional enactments within much of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, as well as Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
.
However, as for transsexuals who have undergone reassignment surgery, they are viewed as heterosexuals and can marry someone of the opposite sex to which they are now assigned.
During the 2005 election
New Zealand general election, 2005
The 2005 New Zealand general election held on 17 September 2005 determined the composition of the 48th New Zealand Parliament. No party won a majority in the unicameral House of Representatives, but the Labour Party of Prime Minister Helen Clark secured two more seats than nearest rival, the...
, Prime Minister
Prime Minister of New Zealand
The Prime Minister of New Zealand is New Zealand's head of government consequent on being the leader of the party or coalition with majority support in the Parliament of New Zealand...
Helen Clark
Helen Clark
Helen Elizabeth Clark, ONZ is a New Zealand political figure who was the 37th Prime Minister of New Zealand for three consecutive terms from 1999 to 2008...
stated that she thought it was discriminatory to exclude same-sex couples from the Marriage Act 1955, but said she would not push to change it.
Failure of Same-Sex Marriage Prohibition Bill - December 2005
In 2005, United Future Member of ParliamentMember of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
(MP) Gordon Copeland
Gordon Copeland
Gordon Copeland is a New Zealand politician who was a Member of Parliament from 2002 to 2008. He was a list MP for the United Future New Zealand party from 2002 until he resigned from the party in 2007. He is now Party President of The Kiwi Party, which he co-founded with another former United...
sponsored the Marriage (Gender Clarification) Amendment Bill that would have amended the Marriage Act to define marriage as only between a man and a woman, and amend anti-discrimination protections in the Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
related to marital and family status so that the bill could stand. This move was strongly criticised by opponents of the legislation, such as then-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. However, it was voted down by a large margin (47 in favour, 73 against) on December 7, 2005.
The Legalise Love Campaign
A campaign to legalise same sex marriage in New Zealand was launched in August 2011 and organised a protest at the New Zealand Parliament BuildingsNew Zealand Parliament Buildings
The New Zealand Parliament Buildings house the New Zealand Parliament and are on a 45,000 square metre site at the northern end of Lambton Quay, Wellington...
in October 2011. The New Zealand Labour Party
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
and the Green Party
Green Party of Aotearoa New Zealand
The Green Party of Aotearoa New Zealand is a political party that has seats in the New Zealand parliament. It focuses firstly on environmentalism, arguing that all other aspects of humanity will cease to be of concern if there is no environment to sustain it...
have indicated support for marriage equality. The campaign is not supported by the New Zealand National Party
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
who retained power in the November 2011 general election
New Zealand general election, 2011
The 2011 New Zealand general election on Saturday 26 November 2011 determined the membership of the 50th New Zealand Parliament.One hundred and twenty-one MPs were elected to the New Zealand House of Representatives, 70 from single-member electorates, including one overhang seat, and 51 from party...
, gaining another three year term.
Transsexuals
If a post-operative transsexual marries someone of the opposite sex to the one that they had been reassigned to, that is considered a legal marriage under the Marriage Act 1955. This was decided by the M v H [1995] case in Otahuhu (Auckland)'s Family Court, and later upheld in New Zealand's Court of Appeal. This means that while pre-operative transpeople can contract civil unions, they cannot get married to a person of the gender opposite their gender identity, unlike their post-operative counterparts.Public opinion
A New Zealand Herald poll in 2004 found that 40% of New Zealanders supported same-sex marriages and 54% were against. A Research New Zealand poll in 2011 found that 60% were in favour, and 34% against, with support at 79% among 18 - 34 year olds.See also
- Civil union in New Zealand
- LGBT rights in New Zealand
- LGBT in New Zealand