File photo The Law Society is recommending a specific provision in proposed marriage equality legislation, spelling out the right of ministers to turn gay and lesbian couples away if they wish. In a submission to the select committee looking at the proposed legislation, it says while the Marriage Act makes it clear celebrants do not have to marry anyone they don’t wish to, human rights guidelines and anti-discrimination law introduced since may go against this. “In short, a minister of religion or other marriage celebrant refusing to marry a same-sex couple would at least risk legal challenge under the Human Rights Act, either as providing a service to the public or as exercising a public function,” says Vice President Nerissa Barber. The Law Society was asked for its opinion on the issue of whether ministers or celebrants would be able to turn a couple away on the basis their marriage was against their religious belief. “If the select committee intends that result, then the Law Society respectfully suggests that a clause be added to the Bill to put the matter beyond doubt,” Barber concludes. Legal opinion has been mixed on the issue, while the Human Rights Commission is adamant the bill will not criminalise ministers who refused to wed gay couples. You can read the Law Society’s submission here
Credit: GayNZ.com Daily News staff
First published: Tuesday, 20th November 2012 - 1:37pm