The Commission recommends that the reference to marriage in ‘same-sex’ the title of the Act be removed and consideration be given to a title which more appropriately reflects the intention of the bill. For example, the Marriage Amendment (Definition of Marriage) Act. Recommendation 12 The Commission recommends that consideration be given to enabling couples who have entered into state and territory-based civil partnerships to elect to convert that partnership into a marriage, without first having to dissolve that civil partnership. Commission position on civil marriage The Commission considers that civil marriage should be available, without discrimination, to all couples, regardless of sex, sexual orientation, gender identity or intersex status, on the basis of the fundamental human rights principles of equality and non-discrimination. By reference to community standards and international human rights law principles, the Commission supports all other restrictions on marriage in section 23B of the Marriage Act for instance, that marriage is available to – adults, and continues to be unavailable to couples who are close relatives.. The Commission also supports protecting the right to freedom of thought, conscience and religion in the Marriage Act. In 2012, the Commission published a position paper on marriage equality, Marriage Equality in a Changing World. The position paper outlines how the human rights principles of equality and non-discrimination support expanding the definition of marriage to include marriages that are not a union between a man and woman. At the time the position paper was published, 11 countries had expanded their definition of marriage to include marriages between two people. Since 2012, another 10 countries have expanded the definition of marriage, making a total of 21 countries. These include Brazil (2013), France (2013), New Zealand (2013), England (2014), Wales (2014), Scotland (2014), Ireland (2015) and the United States (2015). In the United States, marriage between two people of the same sex was legalised nationally following the majority decision of the US Supreme Court in Obergefell v Hodges. Five of the nine judges agreed that the right of same-sex couples to marry is guaranteed by the 14th Amendment to the US Constitution: that no person is to be deprived of the right to due process or of the equal protection of the law. Those rights are also protected in international human rights law, and the Commission finds persuasive reasoning by the majority US Supreme Court judges in applying those rights to the legal definition of civil marriage.
The Commission recommends that the reference to ‘same-sex’ marriage in the title of the Act be removed and consideration be given to a title which more appropriately reflects the intention of the bill. For example, the Marriage Amendment (Definition of Marriage) Act. Recommendation 12 The Commission recommends that consideration be given to enabling couples who have entered into state and territory-based civil partnerships to elect to convert that partnership into a marriage, without first having to dissolve that civil partnership. Commission position on civil marriage The Commission considers that civil marriage should be available, without discrimination, to all couples, regardless of sex, sexual orientation, gender identity or intersex status, on the basis of the fundamental human rights principles of equality and non-discrimination. By reference to community standards and international human rights law principles, the Commission supports all other restrictions on marriage in section 23B of the Marriage Act – for instance, that marriage is available to adults, and continues to be unavailable to couples who are close relatives.. The Commission also supports protecting the right to freedom of thought, conscience and religion in the Marriage Act. In 2012, the Commission published a position paper on marriage equality, Marriage Equality in a Changing World. The position paper outlines how the human rights principles of equality and non-discrimination support expanding the definition of marriage to include marriages that are not a union between a man and woman. At the time the position paper was published, 11 countries had expanded their definition of marriage to include marriages between two people. Since 2012, another 10 countries have expanded the definition of marriage, making a total of 21 countries. These include Brazil (2013), France (2013), New Zealand (2013), England (2014), Wales (2014), Scotland (2014), Ireland (2015) and the United States (2015). In the United States, marriage between two people of the same sex was legalised nationally following the majority decision of the US Supreme Court in Obergefell v Hodges. Five of the nine judges agreed that the right of same-sex couples to marry is guaranteed by the 14th Amendment to the US Constitution: that no person is to be deprived of the right to due process or of the equal protection of the law. Those rights are also protected in international human rights law, and the Commission finds persuasive reasoning by the majority US Supreme Court judges in applying those rights to the legal definition of civil marriage.
AHRC_170117_Submission_to_Marriage_Amendment_Exposure_Draft_0.docx