New Zealand Celebrants do not have conscience option against Homosexual Marriage
A Legal Opinion obtained by Family First NZ from Barrister Ian Bassett has labeled the conscientious exemption proposed by the Select Committee Report on the same-sex marriage bill as 'unprincipled and wrong', 'misguided', 'unjustifiably discriminatory', and 'based upon flawed legal advice'.
"The Report of the Government Administration Select Committee states: 'It is our intention that the passage of this bill should not impact negatively upon people's religious freedoms… The bill seeks to extend the legal right to marry to same-sex couples; it does not seek to interfere with people's religious freedoms.' Yet the Legal Opinion clearly explains that 'the advice of the Crown Law Office and the Ministry of Justice and the resultant recommendation of the Select Committee will interfere with people's rights to act according to their beliefs and conscience'", says Bob McCoskrie, National Director of Family First NZ.
"Mr Bassett highlights that only 32% of marriages conducted in New Zealand will be conducted by celebrants who may have the benefit of the religious conscientious exemption in the proposed s5A put forward by the Select Committee, and says that 'the narrowness of the conscientious exemption provided by the proposed s5A seriously undercuts the assurances given by MP Louisa Wall to Parliament' during the 1st Reading and that 'If the Bill is enacted as recommended by the Select Committee report, then celebrants who do not have the benefit of the proposed s5A will not be able lawfully to refuse to perform a marriage by reason of the same sex of the couple and will be subject thereby to coercion by the State to act contrary to their religious beliefs and conscience. Such coercion by the State is contrary to ss13 and 15 of the New Zealand Bill of Rights Act 1990'."
The Legal Opinion also says the Select Committee, by rejecting advice from Crown Law, considers it to be appropriate that it be unlawful for churches, temples, mosques, synagogues and other places of worship to refuse to host same-sex 'marriages' if the building is normally made available to the public.
Crown Law's letter of advice to the Select Committee dated 21 November 2013 stated:
"Therefore if Parliament intends that religious congregations not be required to permit their place of worship to be used for the solemnisation of same sex marriages contrary to their religious beliefs, we recommend that this be made explicit in the legislation to the put the issue beyond doubt."
"Ian Bassett warns that 'there will also be an associated practical problem if the approved religious body or organisation is split on the issue of same sex marriage or refuses to adopt an official position on the issue'. This may be significant for ministers and celebrants associated with the Methodist and Anglican denominations who are currently debating the issue," says Mr McCoskrie.
Marriage registrars are also at risk. Mr Bassett says 'there may be persons in New Zealand who became marriage registrars at a time when same sex marriages were not in contemplation and who (unless there is an exemption) will be forced against their conscience to officiate at same sex marriages or else face dismissal from their employment.'
"This Bill will provide a culture of coercion whereby celebrants or registrars that don't fall within the exemptions will not be lawfully able to refuse to perform a same-sex marriage by reason of the same-sex of the couple, despite the politicians promising otherwise," says Mr McCoskrie.
"Despite all the hype and sales pitch, this Bill has failed to deliver what was promised, and politicians should vote against it."
