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Editorial: Change the law to end discrimination

Last updated 05:00 06/08/2012
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OPINION: Marriage should be the union between two people. Whether they are both men or both women should be no business of the state.

Parliament has an opportunity to make that a reality by passing Labour MP Louisa Wall's bill to allow gay marriage.

New Zealand's social fabric has changed beyond recognition since the Marriage Act was passed in 1955. Back then, marriage was considered the cornerstone of the family, the idea that a man and a woman could live together outside wedlock was unthinkable and sex between men was still punishable by life in prison.

Not surprisingly, then, the act's legislators did not feel the need to define who could legally marry. New Zealand was a socially conservative country, and there was no doubt in their minds that marriage was restricted to the traditional definition of a union between a man and a woman. That was upheld by the Court of Appeal in 1997, when it denied three lesbian couples marriage licences.

However, attitudes to marriage have evolved markedly in recent years. When the Civil Union Act was passed in 2004, polls found the majority of Kiwis supported the change, but remained opposed to gay marriage. In June this year, a TVNZ-Colmar Brunton poll found two-thirds were in favour of allowing gay couples to marry.

The clearest sign of the changing public mood was Prime Minister John Key's commitment to support Ms Wall's bill to a select committee, and possibly beyond. Mr Key voted against the Civil Union Act, citing a need to follow the views of his Helensville constituents. As prime minister, he has more freedom to follow his conscience.

Despite the change in attitudes among most, there are large sections of society who fear and oppose Ms Wall's bill.

Many have strong religious convictions, and argue that homosexuality goes against New Zealand's Judeo-Christian heritage. Others say that allowing gay weddings would undermine the sanctity of marriage. Still others say that gay relationships have already been accorded official recognition through the Civil Union Act, which extends most of the rights of marriage to same-sex couples.

However, New Zealand is a secular state and though all religious beliefs must be respected, nobody has the right to impose theirs on those who hold different views. Ms Wall's bill recognises that important principle by allowing religious institutions which oppose same sex marriages to refuse to perform them if it becomes law.

There is also no reasonable explanation as to why gay weddings would undermine the sanctity of marriage. Each marriage is an individual union between two people. It stretches credulity to suggest that heterosexual couples will suddenly decide not to tie the knot, or to get divorced, just because gay couples have the right to marry.

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Although gay couples can enjoy many of the benefits of marriage through civil unions, the fact remains that denying them the right to marry purely because of their sexuality relegates them to second-class citizens.

The law as it stands belongs to a society that disappeared long ago. It is discriminatory and it is time it was changed.

- © Fairfax NZ News

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147 comments
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DAVID   #147   01:10 pm Aug 11 2012

@ Quoting Lady Gaga #146. You know peodophiles say the same thing about their sexual orientation, when are we going to legalise them and would you support that too. Say no to gays.

Quoting Lady Gaga   #146   07:48 am Aug 09 2012

Dave #143: people are born this way. I've got a pretty good memory, and I don't remember ever saying to myself, "Right, it's time for me to choose my sexual orientation. I pick gay."

As for the difference between civil unions and marriage, a large part of it is tied up in the fact that couples in civil unions (even your straight brethren) can't adopt children. Secondly, many places around the world don't recognise civil unions at all, and automatic spousal rights in the event of death don't apply.

As far as I'm concerned, children have the right to a loving, stable, home with a parent or parents who love them and will fight to the death to keep them safe. Widening the circle of those who are allowed to adopt can do nothing but promote this. End of story.

Rach   #145   04:14 pm Aug 08 2012

M #142: To paraphrase your response:

"I don't know"

It's not up to us to prove your 'theory', that's your job.

Halcion   #144   03:49 pm Aug 08 2012

Benjamin Easton #140 said: "Your reply has missed what I have said - because I give authority to God."

There's you're problem; you've given authority to a mute father figure whom most people consider imaginary.

Perhaps you could ask God to enter this debate, Benjamin, and clear things up for us?

Dave   #143   03:36 pm Aug 08 2012

What does this bill offer that differs from a civil union?

If you wanted to get married you wouldn't have become gay in teh first place. To much PC crap in the country. Just like two men or two women can't have a child together, its not like global warming, you can't fight nature... but then again we let them adopt a kid, their rights to have a kid seemingly outway the interests of the child, but we can't hurt there feelings now can we

M   #142   02:04 pm Aug 08 2012

@#Rex130, You sound like your a smart enough person to do your own research and come up with your own conclusions, so i’ll leave it up to you to figure it out.

Cy   #141   01:19 pm Aug 08 2012

Where did he throw the laws away? Exactly? Which line says "i will now break all laws ever" All the values worth taking from the bible can be taught without the bible. 90% of the laws we have now aren't from the outmoded manual of fables. Some stuff we may have taken from the bible we ignore utterly or have removed because they're really really really bad. Your paragraph uses many words and fails to actually say anything relevant. I really hope you're trolling.

Benjamin Easton   #140   01:00 pm Aug 08 2012

@Random. Yes Random that is me. I was the one who said that the road width was to be constructed Council's own minimum standard for urban public transport at 3.5 meters. Where Venessa Green was killed and Tom Brown run over by his own company's bus is 3 meters wide. In Manners Mall it is 3.25 meters wide. I am saying that people like Rex don't care. I was saying other things were corrupted as well, that somehow have been pushed under the carpet and excused.

In this matter I am saying that a child has a legally entrenched God given right of family association so to be born to mum and dad, but behaviours that have eroded the comprehension and discipline of God are now trying to capture the very institution of the child's protection.

Your reply has missed what I have said - because I give authority to God. I fight back at those who abuse the responsibility of elected or public authority.

Random   #139   10:56 am Aug 08 2012

@ Benjamin Easton #138

"There is openly little to nothing that would or could control your being."

Thankfully an ever increasing number of us no longer have fragile minds and can handle this burden. We can control ourselves and are masters of our own destiny. I'm not surprised you feel you aren't in control of yourself, you've shown an extreme lack of control with your actions in public, assuming you are the notorious Benjamin Easton that likes taking to the street with a sledgehammer.

Benjamin Easton   #138   09:56 am Aug 08 2012

RexN - so the law is of little importance to you - even though ignorance of the law is no excuse? This is why we have penalties in law. So those who are ignorant of its propriety can be brought into line with how society operates. In 1688 the English Bill of Rights separated the Church from its then controlling and I presume abusive power - it controlled and limited against corruption. Now the Government that ought not be impeached is exercising with the same one sided behaviour that then required revolutionary discipline. Your words are an accurate exercise of such behaviour where you dismiss the notion of an authority greater than mankind in unashamed abandon. There is openly little to nothing that would or could control your being. It is frightening that you abandon existing law with the same lack of consequence as you do the church.


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