Same-sex marriage in New Zealand

The case Quilter v Attorney-General had its origin in early 1996 when three female couples in long-term relationships were denied marriage licences by the Registrar-General because marriage under the common law was between one man and one woman. The case against the NZ Government was taken to the High Court in May 1996. The applicants argued that the Marriage Act 1955 did not prohibit same-sex marriage and that under the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993, discrimination on the basis of sexual orientation was prohibited.[8]

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 explains 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 Act 1990, 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 Act, 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.[8][9]

The High Court decision was appealed to the Court of Appeal (then New Zealand's highest court) in December 1997, which upheld the ruling.[8]

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.[10]

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.[11]

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 Act 1990 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 New Zealand Bill of Rights Act 1990, 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.[12][13][14]

On 14 May 2012, Labour Party MP Louisa Wall stated that she would introduce a private member's bill, the Marriage (Definition of Marriage) Amendment Bill, allowing same-sex couples to marry.[15] The bill was submitted to the members' bill ballot on 30 May 2012.[16] It was drawn from the ballot and passed its first and second readings on 29 August 2012 and 13 March 2013, respectively.[17][18] The final reading passed on 17 April 2013 by 77 votes to 44.[19][20] Supporters in the galleries greeted the bill's passage with applause and sang the traditional Māori love song "Pokarekare Ana", with many MPs joining in.[21] Conservative lobby group Family First called its passage "an arrogant act of cultural vandalism".[22] The bill received royal assent from Governor-General Jerry Mateparae on 19 April and took effect on 19 August 2013.[23][24]

The Marriage (Definition of Marriage) Amendment Act 2013 amendment the Marriage Act 1955 (Māori: Te Ture Mārenatanga 1955) to include a definition of marriage to explicitly allow same-sex marriages and to amend other legislation as necessary. The definition reads: "marriage means the union of 2 people, regardless of their sex, sexual orientation, or gender identity".[25] Prior to the passage of the Act, there was no explicit definition of marriage in New Zealand legislation.

In December 2016, in his first press conference following taking office, Prime Minister Bill English announced 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.[27][28]

Current Prime Minister Jacinda Ardern supports same-sex marriage.[26]

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 majoritarily opposed.[46]

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" from opponents, while those opposed claimed that "people are waking up to the negative social effects of changing the Marriage Act".[45] Since the bill has become law however, opposition to same-sex marriage has significantly decreased, being under 25% according to a 2016 poll.[47]

A poll conducted by the Waikato Times in August 2012 found that 46% of Waikato residents supported same-sex marriage, while 39% were opposed.[46]

Pride Parade in Auckland in February 2013

The Legalise Love campaign was launched in August 2011 to promote legal marriage and adoption equality in New Zealand, and a protest was organised at the New Zealand Parliament Buildings in October that year.[48][49][50] In December 2012, former Governor-General Catherine Tizard starred in an online video campaign organised by the Campaign for Marriage Equality supporting same-sex marriage, alongside New Zealand singers Anika Moa, Boh Runga and Hollie Smith, as well as Olympian Danyon Loader.[51] The Human Rights Commission, which also supports same-sex marriage, said that if the marriage bill is passed churches will not be forced to perform marriages between same-sex couples.[52]

Public opposition to same-sex marriage has come from the Catholic Church in New Zealand, as well as from the Conservative Party and Family First.[53] In June 2012, Family First leader Bob McCroskie announced the launch of a new website, Protect Marriage NZ, which outlines reasons for opposing same-sex marriage in New Zealand,[54] which subsequently crashed on its first day after a large scale denial-of-service attack.[55] A petition with 50,000 signatures expressing opposition to same-sex marriage was presented to Parliament in August 2012, in the lead-up to the first reading of the Marriage (Definition of Marriage) Amendment Bill.[56] During the last fortnight before the third reading debate, several conservative Christian organisations held "prayer rallies" outside the New Zealand Beehive and in Auckland and Wellington against the enactment of same-sex marriage.[57] Anika Moa, who came out as a lesbian in 2007, was planning a free concert in Christchurch for the night of the third reading of the bill to "celebrate a historic milestone for same-sex couples".[58]

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.[59][60]

After the third reading of the Marriage (Definition of Marriage) Amendment Act 2013, Conservative Party Leader Colin Craig called the legalisation of same-sex marriage a "failure of democracy", and warned "the day of reckoning" would come.[61] At the New Zealand general election, 2014, the Conservative Party failed to enter Parliament because it polled below New Zealand's Mixed Member Proportional electoral system's five percent threshold for party list-only representation.[62] No other New Zealand political party has shown any inclination to revisit the issue; however, Family First continues to operate its "Protect Marriage" website.[63]