Page 3431 - Week 11 - Thursday, 19 September 2013
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solemnised by authorised celebrants on any day at any time and at any place in the ACT.
Since our laws will provide for marriages to begin, they must also make provisions for marriages to end. Consistent with commonwealth requirements and marriage equality bills in Western Australia, South Australia and Victoria, the bill provides that an application for a dissolution order in relation to a marriage under this act must not be made within two years after the date of the marriage unless it is accompanied by evidence that the parties have considered reconciliation. The Supreme Court may give leave for the application to be made without evidence that the parties have considered reconciliation in special circumstances.
The bill provides that an application for a dissolution order in relation to a marriage must be based only on the ground that the marriage has broken down irretrievably. Consequential amendments to the Domestic Relationships Act will extend the provisions in that act for mediation and arbitration, adjustment of property interests and maintenance, domestic relationship agreements and termination agreements to marriages under the Marriage Equality Act.
It is important to explain these core elements of the bill before I explain what this bill will not do. The bill will not require a minister of religion to solemnise a marriage under this act if that minister is not inclined to do so. There is no compulsion or obligation on a priest or minister of a religion to solemnise a marriage under this act. Freedom of religion is central also to a fair and just society.
The bill will provide for an authorised celebrant who is a minister of religion to solemnise a marriage according to any form or ceremony recognised by the religious body if they choose to do so. Only an authorised celebrant will be able to solemnise a marriage under the Marriage Equality Act. If a priest or minister of religion’s faith does not support the concept of same-sex marriage, they are not compelled to perform them. They are not required to become authorised celebrants under this act.
The bill does not prevent two people who are already parties to a valid marriage under the Marriage Equality Act going through a later religious ceremony with each other. A minister of religion will not be required to make a place, such as a church, available for a marriage or second ceremony under this act.
This bill does not include a residency requirement. This means that any couple who satisfies the other eligibility requirements for marriage will be eligible to marry under this act. While other jurisdictions have included residency requirements in their bills, the position of the government is that the application of a geographical restriction is not consistent with equality. We cannot purport to promote equality but then restrict that equality only to permanent residents of the territory.
Couples who wish to marry in the ACT will need to travel to the ACT to satisfy notice requirements. It is the case that marriages solemnised under this act may not be recognised outside of the ACT. At this time, no other Australian jurisdiction has enacted marriage equality laws, and there is no provision for an external jurisdiction to recognise an ACT marriage. I do not, however, expect that this will discourage
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