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This is a Bill, not an Act. For current law, see the Acts databases.
MARRIAGE EQUALITY AMENDMENT BILL 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
i Marriage Equality Amendment Bill 2009 No. , 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Objects ................................................................................................ 2
4
Schedule.............................................................................................. 2
Schedule 1--Amendme nt of the Marriage Act 1961
3
Marriage Equality Amendment Bill 2009 No. , 2009 1
A Bill for an Act to amend the Marriage Act 1961 to
1
create the opportunity for marriage equality for
2
people regardless of their sex, sexuality or gender
3
identity, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Marriage Equality Amendment Act
7
2009.
8
2 Commence ment
9
This Act commences on the day on which it receives the Royal
10
Assent.
11
2 Marriage Equality Amendment Bill 2009 No. , 2009
3 Objects
1
The objects of this Act are:
2
(a) to remove from the Marriage Act 1961 discrimination against
3
people on the basis of their sex, sexuality or gender identity;
4
and
5
(b) to recognise that freedom of sexuality and gender identity are
6
fundamental human rights; and
7
(c) to promote acceptance and the celebration of diversity.
8
4 Schedule
9
The Marriage Act 1961 is amended as set out in the applicable
10
items in Schedule 1, and any other item in a Schedule to this Act
11
has effect according to its terms.
12
Amend ment of the Marriage Act 1961 Schedule 1
Marriage Equality Amendment Bill 2009 No. , 2009 3
Schedule 1
--
Amendment of the Marriage Act
1
1961
2
3
1 Subsection 5(1) (definition of marriage)
4
Repeal the definition, substitute:
5
marriage means the union of two people, regardless of their sex,
6
sexuality or gender identity, voluntarily entered into for life.
7
2 Subsection 45(2)
8
Repeal the subsection, substitute:
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(2) Where a marriage is solemnised by or in the presence of an
10
authorised celebrant, not being a minister of religion, it may be
11
solemnised according to any form and ceremony that includes each
12
of the parties, in the presence of the authorised celebrant and the
13
witnesses, saying to each other in words of their own choosing that
14
they take each other to be lawfully wed.
15
3 Subsection 46(1)
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Omit "a man and a woman", substitute "two people".
17
4 Subsection 72(2)
18
Repeal the subsection, substitute:
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(2) Unless, having regard to the form and ceremony of the marriage,
20
the chaplain considers it unnecessary for the parties to the marriage
21
to do so, each of the parties shall, in some part of the ceremony and
22
in the presence of the chaplain and the witnesses, say to each other
23
in words of their own choosing that they take each other to be
24
lawfully wed.
25
5 Section 88EA
26
Repeal the section.
27
6 Part III of the Schedule (table item 1)
28
Omit "a husband and wife", substitute "two people".
29