Attachment 1 - Approaches taken to exceptions in some comparable jurisdictions Jurisdiction Can ministers Can marriage Can religious Can anyone Is it unlawful to Is it generally Are there specific Is there a broad of religion celebrants organisations refuse refuse to discriminate unlawful for a marriage law exception (date refuse to refuse to to provide same-sex provide against a person to related exceptions allowing marriage solemnise a solemnise a couples with goods couples person on the discriminate on within the religious bodies equality same-sex same-sex and services related with goods and ground of the basis of to discriminate legalised / marriage? marriage? to the marriage of services sexual sexual law? on the basis of method) same-sex couples? related to orientation? orientation in sexual Equivalent to the Equivalent to the Equivalent to s40(2A) marriage on providing goods orientation? proposed s47 of proposed s47A of of the Sex Equivalent to the Equivalent to s5A the basis of or services? the Exposure the Exposure Draft. Discrimination Act proposed s47B of the of the Sex Equivalent to religious belief Draft. 1984 (Cth). Exposure Draft. Discrimination Act s37(1)(d) of the Sex Equivalent to s22 of or conscience? 1984 (Cth). Discrimination Act the Sex 1984 (Cth). Discrimination Act 1984 (Cth). Australia N/A N/A N/A Rarely re: Yes Yes Yes Yes religious belief; (current law) no re conscience Australia Yes Yes Yes Rarely re: Yes Yes Yes Yes religious belief; No re: (incorporating Exposure conscience amendments) Australia Yes No In limited Rarely re: Yes Yes Yes Yes circumstances religious belief; (Australian No re: Human conscience Rights Commission proposed amendments) New York Yes No Yes Unlikely Yes Yes No exception found Yes (24 July 2011 / legislation) Spain Unlikely Unlikely Unlikely Unlikely Yes Yes Unknown Possibly
Attachment 1 - Approaches taken to exceptions in some comparable jurisdictions Jurisdiction (date marriage equality legalised / method) Can ministers of religion refuse to solemnise a same-sex marriage? Equivalent to the proposed s47 of the Exposure Draft. Can marriage celebrants refuse to solemnise a same-sex marriage? Equivalent to the proposed s47A of the Exposure Draft. Can religious organisations refuse to provide same-sex couples with goods and services related to the marriage of same-sex couples? Equivalent to the proposed s47B of the Exposure Draft. Can anyone refuse to provide couples with goods and services related to marriage on the basis of religious belief or conscience? Is it unlawful to discriminate against a person on the ground of sexual orientation? Equivalent to s5A of the Sex Discrimination Act 1984 (Cth). Is it generally unlawful for a person to discriminate on the basis of sexual orientation in providing goods or services? Equivalent to s22 of the Sex Discrimination Act 1984 (Cth). Are there specific marriage law related exceptions within the law? Equivalent to s40(2A) of the Sex Discrimination Act 1984 (Cth). Is there a broad exception allowing religious bodies to discriminate on the basis of sexual orientation? Equivalent to s37(1)(d) of the Sex Discrimination Act 1984 (Cth). Australia (current law) N/A N/A N/A Rarely re: religious belief; no re conscience Yes Yes Yes Yes Australia (incorporating Exposure amendments) Yes Yes Yes Rarely re: religious belief; No re: conscience Yes Yes Yes Yes Australia (Australian Human Rights Commission proposed amendments) Yes No In limited circumstances Rarely re: religious belief; No re: conscience Yes Yes Yes Yes New York (24 July 2011 / legislation) Yes No Yes Unlikely Yes Yes No exception found Yes Spain Unlikely Unlikely Unlikely Unlikely Yes Yes Unknown Possibly