SPCS

SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

Are same sex marriages performed before 22 August 2013 unlawful and void?

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There is a widespread belief that same-sex couples will be lawfully able to marry from today Monday 19 August. The Marriage (Definition of Marriage) Amendment Act 2013 comes into effect on 19 August 2013. However the Marriage Act 1955 provides that to be married a couple must first give notice to the registrar of an intention to marry, and be issued with a marriage license.  The license is to be issued by the registrar not earlier than the third day after the notice is given. A same-sex couple therefore cannot legally apply for a marriage license before 19 August – as they would not lawfully be able to marry before then. A notice of intention must certify that the applicants are lawfully able to marry – specifically that “that there is no lawful impediment to the intended marriage”. Until 19 August that would not be the case for a same-sex couple, as the new law was not yet in effect. So any notices submitted before the 19th would be invalid.

The Marriage Forms Regulations 1995 containing the Notice of Intention to Marry forms were amended by the Marriage (Forms) Amendment Regulations 2013 – the latter coming into force from 16 August 2013.  However these merely described the new forms required, and did not legalise same-sex marriage. If the earliest date that a legal notice can be given of an intended marriage is 19 August, the earliest that a registrar could issue a valid license would be 22 August. In practice the earliest that a legal same-sex marriage could occur would also be 22 August 2013. Any earlier marriages would be unlawful, and void.

A Media Release issued on 12 August 2013 by the Registrar-General of Births Deaths and Marriages, Jeff Montgomery (the Department of Internal Affairs) stated

Couples will use the forms for marriages occurring from 19 August, the first day same sex couples can get married …

“The new notification of marriage form includes the terms ‘bride’, ‘bridegroom’ and ‘partner’. Couples need to fill out the form and then one of the couple needs to bring the form to a Registry Office, make a statutory declaration in front of a Registrar of Marriages and pay the fee. Three days later we will issue the couple a marriage licence.”

Comment: Those same-sex couples who signed (only one member is required to do so ) and submitted a Notice of Intended Marriage on Friday 16 August 2013 – indicating by way of “solemn declaration” that they knew of “no legal impediment to the intended marriage” made false declarations in breach of the Oaths and Declaration Act 1957. Under the Marriage Act 1955 which remained in force until midnight Sunday 18 August 2013, they would not have been entitled to get married at the time they signed the statutory declaration so the Notice of Intended Marriage is INVALID. The earliest it could have been lawfully signed was on 19 August 2013 when the Marriage (Redefinition of Marriage) Act 2013 came into force.

See: Statutory Declaration Point 4. [to be completed in front of the Registrar]

http://legislation.govt.nz/regulation/public/2013/0294/17.0/DLM5349711.html

4. that there is no lawful impediment to the intended marriage

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957

 

Gay dads set to sue over church same-sex marriage opt-out – Essex Chronicle

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BARRIE Drewitt-Barlow, one half of the county’s most recognised gay dads, has praised the Queen’s ratification of gay marriage but said it is “bitter sweet” as Christian churches still opt against the ceremony.

Britain finally legalised gay marriage when the Queen gave her royal stamp of approval on July 17 after the bill was introduced in January.

“It is like someone giving me a sweetie with the wrapper on and telling me to suck it,” said father-of-five, Barrie, 42, from Maldon, who had a civil partnership with partner Tony, in 2006

“I [Barrie] want to go into my church and marry my husband [Tony]….. We have a civil partnership, me and my husband Tony … The only way forward for us now is to make a challenge in the courts against the church.” said Barrie Drewitt-Barlow.

For full story by Sophia Charalambous, Friday, August 02, 2013

See: http://www.essexchronicle.co.uk/Gay-dads-set-sue-church-sex-marriage-opt/story-19597954-detail/story.html

Gay dads to sue Church [of England] for right to religious wedding – GSN

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Britain’s most famous surrogate gay dads have hired lawyers to sue the Church of England for the right to a full-blown religious wedding.

Speaking to the Essex Chronicle, which broke the story, Barrie Drewitt-Barlow, 42, that being given the right to marriage but not in the Church of England, was ‘like someone giving me a sweetie with the wrapper on and telling me to suck it’. –

…the Drewitt-Barlows say they have hired lawyers and are pressing ahead –

The couple already had a civil partnership, giving them similar rights to married heterosexuals, in 2006. They became Britain’s first gay surrogate parents in 1999. –

See full story at: http://www.gaystarnews.com/article/gay-dads-sue-church-right-religious-wedding020813#sthash.HF1qviHk.dpuf

Report dated 02 August 2013 by Tris Reid-Smith GayStarNews

Church of England to be Sued for Refusing to Perform Same-Sex Marriages, Just a Month After PM Promised Protection

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A gay couple in Great Britain has announced plans to pursue legal action against the Church of England for refusing to perform same-sex marriage ceremonies, less than one month after the country officially legalized gay marriage, but explicitly excluded the Church from being forced to conduct the ceremonies as they go against biblical teachings.

Barrie Drewitt-Barlow and his partner, Tony, have been considered by many in Great Britain to be the “poster couple” for same-sex marriage legalization, as they became the first gay parents in 1999 through surrogacy, and have since had five other children through surrogacy. The couple had a civil partnership ceremony in 2006, and own a surrogate center in Chandlers Quay, Maldon.

The gay marriage legislation approved in Great Britain earlier this year, known as the Marriage (Same Sex Couples) Act 2013, included a “quadruple lock” meant to protect the Church of England and other religious institutions from being forced to perform same-sex marriages against their faith. Under the current law, churches may “opt-in” to perform same-sex marriages, but they cannot be forced to conduct ceremonies.

Despite that highly-publicized safeguard being included in the legislation, many critics believed that gay activists would ignore that exclusion and continue to push for churches to be forced to participate in gay marriage ceremonies against their will. Now just weeks after the legislation was passed, it appears those fears were well-founded; Drewitt-Barlow and his partner argue that they wish to “test” this protection in court. The couple have claimed that they are practicing Christians and they want their children to see them wed in a church ceremony.

Read more at http://global.christianpost.com/news/church-of-england-to-be-sued-for-refusing-to-perform-same-sex-marriages-just-a-month-after-prime-minister-promised-protection-101487/#PigwvlY2lySIywiD.99

Marriage Ceremony leading to “legal wife/husband”- DIA explanation and definitions

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Marriage Ceremony

There are two types of marriage ceremony:

  • [“A marriage is the formalisation of a relationship between a man and a woman, in accordance with the Marriage Act 1955” – DIA]. A ceremony solemnised by a Registrar of Marriages in a Registry Office. Registry Office ceremonies are not open to the public; and
  • A ceremony solemnised by an authorised Marriage Celebrant at a place other than a Registry Office. There is no legal requirement that a ceremony before a marriage celebrant be open to the public.

Registry Office ceremonies take place during normal office hours, but you can have a marriage celebrant perform your marriage ceremony at any time, on any day of the week.
During the ceremony before a marriage celebrant, and before at least two witnesses, each party must say the words “I AB, take you CD, to be my legal wife/husband” or words to similar effect.
If having a Registry Office ceremony before a Registrar of Marriages, and before at least two witnesses, each party must say the words “I AB, take you CD, to be my legal wife/husband”. Please be aware if you are considering having a Registry Office ceremony, that they are standardised to meet the legislative requirements of getting married, which includes standard marriage vows.

Sourced 5 August 2013

http://www.dia.govt.nz/diawebsite.nsf/wpg_URL/Services-Births-Deaths-and-Marriages-How-to-Get-a-Marriage-Licence#one

Registry Office Ceremony Marriage Vows

Following the Declaration of the Vows ….

The Registrar will then ensure the following details on the Copy of Particulars of Marriage
are completed:

Bride [female] and Groom [male] signatures.
The Registrar of Marriages will print their name and sign.

http://www.dia.govt.nz/Pubforms.nsf/URL/RegistryOfficeCeremonyMarriageVows.pdf/$file/RegistryOfficeCeremonyMarriageVows.pdf