Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Marriage Act 1961 to create the opportunity for marriage equality for people regardless of their sex, sexuality or gender identity, and for related purposes
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Registered 29 Jun 2009
Introduced Senate 24 Jun 2009

2008‑2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

Marriage Equality Amendment Bill 2009

 

No.      , 2009

 

(Senator Hanson‑Young)

 

 

 

 

A Bill for an Act to amend the Marriage Act 1961 to create the opportunity for marriage equality for people regardless of their sex, sexuality or gender identity, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Objects................................................................................................ 2

4............ Schedule.............................................................................................. 2

Schedule 1—Amendment of the Marriage Act 1961                                          3

 


A Bill for an Act to amend the Marriage Act 1961 to create the opportunity for marriage equality for people regardless of their sex, sexuality or gender identity, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Marriage Equality Amendment Act 2009.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Objects

                   The objects of this Act are:

                     (a)  to remove from the Marriage Act 1961 discrimination against people on the basis of their sex, sexuality or gender identity; and

                     (b)  to recognise that freedom of sexuality and gender identity are fundamental human rights; and

                     (c)  to promote acceptance and the celebration of diversity.

4  Schedule

                   The Marriage Act 1961 is amended as set out in the applicable items in Schedule 1, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendment of the Marriage Act 1961

 

1  Subsection 5(1) (definition of marriage)

Repeal the definition, substitute:

marriage means the union of two people, regardless of their sex, sexuality or gender identity, voluntarily entered into for life.

2  Subsection 45(2)

Repeal the subsection, substitute:

             (2)  Where a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion, it may be solemnised according to any form and ceremony that includes each of the parties, in the presence of the authorised celebrant and the witnesses, saying to each other in words of their own choosing that they take each other to be lawfully wed.

3  Subsection 46(1)

Omit “a man and a woman”, substitute “two people”.

4  Subsection 72(2)

Repeal the subsection, substitute:

             (2)  Unless, having regard to the form and ceremony of the marriage, the chaplain considers it unnecessary for the parties to the marriage to do so, each of the parties shall, in some part of the ceremony and in the presence of the chaplain and the witnesses, say to each other in words of their own choosing that they take each other to be lawfully wed.

Section 88EA

Repeal the section.

6  Part III of the Schedule (table item 1)

Omit “a husband and wife”, substitute “two people”.