Marriage Amendment (Definition and Religious Freedoms) Commencement Proclamation 2017

Overview

The Marriage Amendment (Definition and Religious Freedoms) Commencement Proclamation 2017 (F2017N00098) was enacted to address the legislative gap left by the Marriage Amendment (Definition and Religious Freedoms) Act 2017, which redefined marriage as a union between two people, regardless of gender. The commencement proclamation was issued to set the effective date for the commencement of certain parts of the Act. This was done by the Honourable Sir Peter Cosgrove AK MC (Ret’d), the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council and under the authority granted by the Act itself. The proclamation specifies that Parts 1 and 2 of Schedule 1 of the Act, which outline the changes to the definition of marriage and protections for religious freedoms, would commence on 9 December 2017. This legislative action was taken to ensure that the changes to marriage laws were implemented in a timely and orderly manner, while also providing adequate transition time for religious institutions and celebrants to adapt to the new legal framework.

Scope and Application

The Marriage Amendment (Definition and Religious Freedoms) Commencement Proclamation 2017 applies to the commencement of certain parts of the Marriage Amendment (Definition and Religious Freedoms) Act 2017, specifically Parts 1 and 2 of Schedule 1. It applies to the entire Commonwealth of Australia, meaning it has a national reach and affects all states and territories. The Act applies to persons and entities involved in marriage-related conduct, and its primary aim is to redefine marriage as the union of two people, irrespective of their gender, while also ensuring that religious institutions and celebrants are protected from being compelled to perform marriages that are contrary to their beliefs. The geographic and jurisdictional reach of the Act is thus comprehensive, covering all aspects of marriage law throughout the nation. There are no explicit exclusions or exemptions mentioned in the Proclamation, although the Act itself provides protections for religious freedoms. The commencement date set by the Proclamation is 9 December 2017, marking the day when the legal definition of marriage in Australia was altered to be gender-neutral. The Proclamation is a notifiable instrument that does not extend or restrict application through subordinate instruments but rather sets a specific date for the commencement of the Act's provisions.

Key Provisions

The Marriage Amendment (Definition and Religious Freedoms) Commencement Proclamation 2017 (No. 1) sets the date for the commencement of certain parts of the Marriage Amendment (Definition and Religious Freedoms) Act 2017. Specifically, Section 1 of the Proclamation declares that Parts 1 and 2 of Schedule 1 to the Act will commence on 9 December 2017. Part 1 of the Schedule amends the definition of marriage in the Marriage Act 1961 to remove gender-specific terms, thereby allowing same-sex couples to marry. Part 2 provides exemptions to religious institutions and officials who conscientiously object to performing or participating in same-sex marriages. The Act imposes several obligations on parties involved in the marriage process. For instance, celebrants who are authorised to solemnise marriages must adhere to the amended definition, meaning they are required to perform marriage ceremonies for same-sex couples unless they have a conscientious objection (Sections 3 and 4 of Schedule 1). Religious institutions also have obligations to respect the rights of same-sex couples to marry while also being protected from being compelled to perform or facilitate such marriages if they have a conscientious objection (Sections 5 and 6 of Schedule 1). Additionally, the Act ensures that any changes in the definition of marriage do not affect the validity of past marriages, providing continuity and legal certainty for existing marital relationships. Failure to comply with the provisions of the Act may result in various consequences. While the Act itself does not specify explicit penalties for non-compliance, breaches of the celebrant obligations or religious exemptions could potentially lead to legal challenges or disputes under other related legislation. For instance, discrimination claims could be brought under the Sex Discrimination Act 1984 if individuals feel they have been unfairly treated due to their sexual orientation. Furthermore, celebrants who refuse to perform marriages for same-sex couples without a valid conscientious objection may face professional repercussions or disciplinary actions from relevant regulatory bodies. The maximum penalties for breaches under related Acts, such as the Sex Discrimination Act, can include substantial fines and, in some cases, imprisonment.