Marriage Amendment Bill

[dharder]

Just so that you know I can, I thought I'd write a positive impression of NZ for a change

http://www.stuff.co.nz/national/poli...iage-legalised

I watched the second and third readings of the bill on Parliament TV. On the whole, the debate was quite civil and respectful. I was even positively suprised by some MPs and enjoyed their speeches.

Well done NZ! And before the UK, too, which made my Kiwi partner even happier

Daniela

[mylesdw]

What is the difference between marriage and civil union? I'm puzzled by this one.

[dharder]

What is the difference between marriage and civil union? I'm puzzled by this one.

Other than the name and the fact that neither was available to everyone equally?

Here in NZ, as far as I can see, the main difference is the fact that you cannot adopt as a couple (you can adopt while in a relationship, but only one of the partners can be the adoptive parent), and you cannot adopt, for example, your partner's biological children. I am not sure how much the last bit matters for children born these days that have both parents (can be two women) on the birth certificate, but I know that for older children born before that was possible, the non-biological parent was not able to adopt the child so that both parents are fully legally recognised parents.

In actual fact, I don't think the legal differences are huge apart from the adoption issue (it is even smaller in the UK), but I personally find it an important signal to send.

Daniela

[KelvinAng]

Interestingly before the marriage amendment bill is passed heterosexual couples can choose to be in a civil union instead of marriage if they choose to. In fact, about 20% of civil union couples were heterosexual couples, according to this article (http://www.stuff.co.nz/national/poli...not-quite-even). Now that any couples be married, I wonder if civil unions will remain as an option, for those who prefers to tie the knot without the religious or traditional connotations that sometimes comes with marriage? And if so, for a gay couple who choose to be in a civil union, can they now adopt children?

[dharder]

Interestingly before the marriage amendment bill is passed heterosexual couples can choose to be in a civil union instead of marriage if they choose to. In fact, about 20% of civil union couples were heterosexual couples, according to this article (http://www.stuff.co.nz/national/poli...not-quite-even). Now that any couples be married, I wonder if civil unions will remain as an option, for those who prefers to tie the knot without the religious or traditional connotations that sometimes comes with marriage? And if so, for a gay couple who choose to be in a civil union, can they now adopt children?

I believe the civil union will remain, I don't see how the marriage act affects that. And no, I don't think at all that same sex couples can now adopt children, as that would require a change to the adoption law, not the marriage law, which hasn't been touched yet.

In the UK, it was done the other way round: they changed the adoption laws in order to enable unmarried couples to adopt jointly, which opened the process for same sex couples.

Daniela

[Kanga]

Just to further clarify- from the NZ Human Rights Commission:

Case law – Adoption
The Adoption Act 1955 allows “two spouses” or any individual to adopt a child. Until a June 2010 High Court decision the term “spouse” had been interpreted as enabling only those couples who are married to jointly adopt. The High Court recognised that “spouses” could include a man and woman in an unmarried, stable and committed relationship. As yet there is no case law enabling same-sex couples to jointly adopt a child.
Restricting the right to adopt to couples who are married or to opposite sex de-facto couples amounts to discrimination under the Human Rights Act and the New Zealand Bill of Rights Act. The Commission recommends amending the Adoption Act to ensure adoption equality that focuses on the best interests of the child, and does not discriminate against parents because of their sex, gender identity, sexual orientation, disability or marital status.

(from: http://www.hrc.co.nz/human-rights-en...ption-equality)

[kiwihusker]

I agree Daniela! WTG NZ.

[mylesdw]

Thanks Daniela.

It was amusing that this somewhat controversial bill was passed with a large majority whereas the simple matter of rationalising two public holidays scraped in by one vote. Practically half the MPs that we elected believe that we either don't need or don't want an extra two days off per seven years!

[dharder]

It was amusing that this somewhat controversial bill was passed with a large majority whereas the simple matter of rationalising two public holidays scraped in by one vote. Practically half the MPs that we elected believe that we either don't need or don't want an extra two days off per seven years!

Yes, that struck me as quite interesting, too

Daniela

[IanW99]

Yes, that struck me as quite interesting, too

Daniela

Not that surprising when the MPs were allowed a conscience vote for the one bill and only had a party vote for the other.

Ian