NSW GLRL

New South Wales Gay and Lesbian Rights Lobby

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NSW GLRL article

1Civil unions What are they doing across that ditch? Tim Barnett MP New Zealand Parliament June 2005
2Covering……… The New Zealand (NZ) context The flow of NZ queer law reform The campaign for civil union (cu) What does civil union do? Where NZ CU fits in internationally What next?
31. The NZ context Urbanised Liberal law reform history Centralised government system Feminised politics Bicultural and multicultural Coalition, mixed member proportional political system
42. The flow of NZ queer law reform Decriminalisation of sexual activity (usually men) 1986ä Inclusion in grounds of employment lawä Inclusion in grounds of human rights law 1994ä Application of the principles of that law, to all sectors of society 2001ä
52. NZ queer law reform cotd Relationship recognition law 2005ä Parenting law (guardianship, adoption) 2005 & onä Protections – hate crime 2002, hate speech under debate
63. The campaign for civil union (cu) Immediate campaign lasted 2001-2005 Minimal conflict in queer communities on the model arrived at Community initiative became Labour Government project Opposition could not generate positive images (could they be done?) and the Destiny March in front of the NZ Parliament in August 2004 became their public face Importance of our community members being public
73. Civil union campaign cotd Opposition tailed off towards end and could not break out of biblical literalist territory (cf Prostitution Reform Bill 2003, where opponents came from a wider variety of sectors) Queer communities became activated – 900 supportive e-mails to MPs over last few days before vote; city-based campaigns Problems generated by not having a national lobby group
84. What does civil union do? CU is the same as marriage in all the key elements, except: - Inclusive - Vow less prescribed - Celebrants selected on population as well as area criteria - Overseas recognition Outcomes/rights identical except for laws currently being reviewed – wills, adoption Further work to be done on next of kin register etc
94. What does civil union do? cotd CU is C21st institution for all created by the queer community – it may well have its own integrity and future, will certainly develop its own tradition and culture Are we seeking same or equal? Marriage defended mainly by Biblical literalists – may determine its future shape 30/4/05 – 04/6/05 18 lesbian, 24 gay, 9 heterosexual civil unions
105. Where NZ CU fits in internationally On the basis of being: - Inclusive (i.e. sustainable in human rights terms) - Outcomes same as marriage - Created by legislation, not court order, NZ is first country outside Europe (and one of maybe 6 worldwide) to have done this. Issues of overseas recognition/non-resident access to CU 3 countries have opened up marriage
116. What next? Promoting advantages of a relationship status (finance, legal) Remaining law reforms to achieve full equality Marriage reform? – for others to initiate Seeing what happens worldwide on relationship law
126. What next? cotd Other queer policy areas: - Queer policy function – further development; Minister? - Government employee awareness - Education/safer schools ?????????????
  • What are they doing across that ditch?
  • Tim Barnett MP
  • New Zealand Parliament
  • June 2005
  • The New Zealand (NZ) context
  • The flow of NZ queer law reform
  • The campaign for civil union (cu)
  • What does civil union do?
  • Where NZ CU fits in internationally
  • What next?
  • Urbanised
  • Liberal law reform history
  • Centralised government system
  • Feminised politics
  • Bicultural and multicultural
  • Coalition, mixed member proportional political system
  • Decriminalisation of sexual activity (usually men) 1986ä
  • Inclusion in grounds of employment lawä
  • Inclusion in grounds of human rights law 1994ä
  • Application of the principles of that law, to all sectors of society 2001ä
  • Relationship recognition law 2005ä
  • Parenting law (guardianship, adoption) 2005 & onä
  • Protections –
  • hate crime 2002,
  • hate speech under debate
  • Immediate campaign lasted 2001-2005
  • Minimal conflict in queer communities on the model arrived at
  • Community initiative became Labour Government project
  • Opposition could not generate positive images (could they be done?) and the Destiny March in front of the NZ Parliament in August 2004 became their public face
  • Importance of our community members being public
  • Opposition tailed off towards end and could not break out of biblical literalist territory (cf Prostitution Reform Bill 2003, where opponents came from a wider variety of sectors)
  • Queer communities became activated – 900 supportive e-mails to MPs over last few days before vote; city-based campaigns
  • Problems generated by not having a national lobby group
  • CU is the same as marriage in all the key elements, except:
  • - Inclusive
  • - Vow less prescribed
  • - Celebrants selected on population as well as area criteria
  • - Overseas recognition
  • Outcomes/rights identical except for laws currently being reviewed – wills, adoption
  • Further work to be done on next of kin register etc
  • CU is C21st institution for all created by the queer community – it may well have its own integrity and future, will certainly develop its own tradition and culture
  • Are we seeking same or equal?
  • Marriage defended mainly by Biblical literalists – may determine its future shape
  • 30/4/05 – 04/6/05 18 lesbian, 24 gay, 9 heterosexual civil unions
  • On the basis of being:
  • - Inclusive (i.e. sustainable in human
  • rights terms)
  • - Outcomes same as marriage
  • - Created by legislation, not court order,
  • NZ is first country outside Europe (and one of maybe 6 worldwide) to have done this.
  • Issues of overseas recognition/non-resident access to CU
  • 3 countries have opened up marriage
  • Promoting advantages of a relationship status (finance, legal)
  • Remaining law reforms to achieve full equality
  • Marriage reform? – for others to initiate
  • Seeing what happens worldwide on relationship law
  • Other queer policy areas:
  • - Queer policy function – further
  • development; Minister?
  • - Government employee awareness
  • - Education/safer schools
  • ?????????????