A Bill for an Act to amend the Marriage Act 1961 to reduce government intervention in marriage, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Freedom to Marry Act 2014.
2 Commencement
This Act commences on the day after this Act receives the Royal Assent.
3 Objects
The objects of this Act are:
(a) to ensure the Marriage Act 1961 allows all Australians the freedom to marry regardless of sex, sexual orientation, and gender identity; and
(b) to facilitate less government intervention in private and family life; and
(c) to promote freedom of choice and conscience for individual Australians.
4 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Marriage Act 1961
1 Subsection 5(1) (definition of marriage)
Repeal the definition, substitute:
marriage means the union of 2 people, to the exclusion of all others, voluntarily entered into for life.
2 Paragraphs 23(2)(b) and 23B(2)(b)
Omit “a brother and a sister”, substitute “siblings”.
3 At the end of section 39
Add:
(4) A person who is authorised by subsection (1) or under subsection (2) to solemnise marriages must not refuse to solemnise a marriage in accordance with this Act for any reason other than that the marriage would not be a lawful marriage.
4 Subsection 45(2)
After “or husband”, insert “, or partner, or spouse”.
5 Subsection 46(1)
Omit “a man and a woman”, substitute “2 people”.
6 Section 47 (heading)
Repeal the heading, substitute:
47 Authorised celebrants (other than certain State and Territory officers) not bound to solemnise marriage etc.
7 Section 47
Omit “Nothing”, substitute “Subject to subsection 39(4), nothing”.
8 Paragraph 47(a)
Omit “, being a minister of religion,”.
9 Application of amendments—ministers of religion
To avoid doubt, the amendments made by this Schedule do not require ministers of religion to solemnise marriages.
10 At the end of section 71
Add:
(3) If a chaplain refuses to solemnise a marriage because the marriage is not the marriage of a man and a woman, the chaplain must, if possible, substitute another chaplain who is willing to solemnise the marriage.
11 Subsection 72(2)
After “or husband”, insert “, or partner, or spouse”.
12 Section 88EA
Repeal the section.
13 Part III of the Schedule (table item 1)
Omit “a husband and wife”, substitute “2 people”.
14 Regulations may make consequential amendments of Acts
(1) The Governor‑General may make regulations amending Acts (other than the Marriage Act 1961) being amendments that are consequential on, or that otherwise relate to, the enactment of this Act.
(2) For the purposes of the Acts Publication Act 1905, amendments made by regulations for the purposes of this item are to be treated as if they had been made by an Act.
Note: Subitem (2) ensures that amendments can be incorporated into reprints of Acts.