Civil Union Bill and Relationships (Statutory References) Bill

A Submission to the Justice and Electoral Committee from Christians for Civil Unions (Wellington)

5 August 2004

Christians for Civil Union (Wellington) is an ecumenical group formed this year to support the passage of the Civil Union Bill and Relationships (Statutory References) Bill into law. Through our networks we are in touch with a wide range of Christian individuals, congregations, and church leaders from the Anglican, Baptist, Brethren, Roman Catholic, Methodist, and Presbyterian Churches; we also have connections with interdenominational groups such as the GalaXies Ecumenical Gay and Lesbian Congregation and the Student Christian Movement. We are affiliated with Christians for Civil Union (Auckland) and have people from around the whole country involved via an email network.

We began our work out of a concern that the only Christian voices contributing to the public discussion in its early stages were conservative and condemning of gay and lesbian people. We felt it important that legislators recognise that there is a significant degree of diversity among Christians on this issue. The differences exhibited in public among Christians about Civil Unions are indicative of divisions within Christian churches on the issue of gay and lesbian relationships generally. Churches have dealt with theological differences throughout our two thousand year history and many of us hold that we must respect our differences and not impose them on others who decide differently.

However, Christians must offer their contributions to the debate in light of the laws of our country, particularly Homosexual Law Reform (1986) and the Human Rights Act (1993). The two Bills before the Select Committee have the advantage of allowing a place to stand both for those Christians who would support gay marriage theologically, and those who believe that marriage has a unique significance and can only be entered in to by a man and a woman. As a broad coalition, we support the proposed legislation because it respects these differences and maintains the Marriage Act without change.

Christians for Civil Unions strongly supports both the Civil Union Bill and the Relationships (Statutory References) Bill. We believe that these Bills mark a positive development for New Zealand society because all couples who are willing to express love and commitment to one another publicly, regardless of gender or sexual orientation, are deserving of legal protection and social respect. Whilst the language of the Human Rights Act (1993) is expressed in secular terms, commitment to human rights within western societies developed in the context of a world-view that was Christian in basis and values. As twenty-first century Christians, we are glad to see our country continue to implement the Human Rights Act by extending relationship recognition and equality to same-sex and de facto couples.

Currently, many legal protections are available to married couples that are not available to same-sex and de facto couples. This is inequitable and discriminatory, and it causes social harm. To remedy this, the Relationships (Statutory References) Bill proposes to extend most protections available to married couples to same-sex couples and de facto couples. It seems ironic that there is already legislation that covers the ending of these relationships (The Relationships Property Act) but not yet recognition or support for beginning and sustaining them. The law should foster and encourage committed, stable relationships, which are the building blocks of a healthy and just society.

The most crucial area of concern for us is next of kin status. As church members involved in pastoral care, we are aware of the very real difficulties that same-sex couples have encountered when they are not recognised as next of kin. This is particularly important in times of crisis such as illness, incapacity, and death. While it is true that same-sex and de facto couples can make legal arrangements to try to ensure that their relationship is legally recognised, these can be, and have been, challenged by families of origin. It is also a fact of human nature that people do not always have the time, money, or motivation to make these arrangements. When a crisis occurs, when people are already very vulnerable, they should not be subject to medical or legal authorities scrutinizing or questioning their relationship.

The registration of a Civil Union will provide proof of a couple's next of kin status. The Civil Union Certificate, as with a Marriage Certificate, will be instantly recognised and accepted. When people are in a situation of crisis or vulnerability, they are not in a position to obtain other documentation to prove the existence of a relationship protected under the Relationships (Statutory References) Bill. Therefore, both Bills are necessary.

The current situation is discriminatory and clearly causes hardship for same-sex and de facto couples. It also conveys the message that their personhood and their relationships are less valuable socially. All people in our society are intrinsically of equal moral worth and all should be entitled to enact their capacity for moral agency. Legal protection must be accompanied by social recognition.

Whilst the Relationships (Statutory References) Bill will ensure equal treatment of couples, by itself it will not allow couples to register legally their relationships and publicly affirm their commitment to one another. This opportunity for public commitment, whether in a religious or secular setting, is very important. Churches have been involved in blessing and celebrating marriages in part because we believe that intimate relationships require the support of a wider community if they are to endure. Many churches conduct marriage preparation courses (and also do so for same-sex blessings in the churches where these are performed) and while this is not an exhaustive process, it communicates to the couple that successful relationships require intentionality and commitment.

Those of us who are involved with the pastoral care of young gay and lesbian people are concerned about the lack of role models for them in the area of relationships. Too often, the visible areas of gay culture are those which do not encourage committed relationship and which invite young people into a life-style that is not respectful of their own bodies and those of other people. While same-sex relationships do not have social recognition, society sends the message that gay and lesbian people are less valuable and that their relationships, and how they express themselves sexually, matter less than for heterosexual people. Societal well-being depends on the existence of stable, committed, faithful relationships for couples and for any children they may have. The Civil Union Bill furthers this social benefit by expanding it to same-sex couples.

We also believe that the legislation will have benefits for different-sex de facto couples. Some of these couples have rejected the idea of marriage because of its traditional associations with religion and gender inequality. Some have made a commitment to live together and love another without the sanction of the state or the church and their relationships are strong and enduring. Too many others, however, simply drift along in relationships without asking themselves questions about commitment and the nature of their relationship. We believe that creating the status of Civil Union will invite more people to be reflective and intentional about their relationships and that this will have enormous benefits for both the couple and any children they may have.

New Zealand has recently restated its commitment to families with children through the establishment of the Families Commission. The Families Commission recognises that New Zealand families come in a variety of forms and consequently it recognises and values children who are growing up in families with gay or lesbian parents. Christians for Civil Unions is aware that all reputable mainstream social science evidence suggests that children in these families do as well as children in more conventional families, despite some religious groups making claims to the contrary. The threat to these children comes not from the parenting they receive, but from the continuing expression of prejudice against gay and lesbian people from some quarters of New Zealand society. Civil Unions will give these children language to talk about the nature of their families and empower them to participate fully in their wider families, communities and schools.

We believe that one source of New Zealand's commitment to human rights has been the Christian tradition, especially the teaching of Jesus that we should love one another, and the doctrine of creation which recognises that every individual is of worth, or in theological language, is created in the image of God. The extension of human rights to people regardless of their gender, sexual orientation or marital status has its logical consequence in passing the Civil Union Bill and the Relationships (Statutory References) Bill. For us, this is a matter of social justice.

As members of Christian churches, we have an understanding of Christian sexual ethics that values the quality of the relationship. We believe that sexual relationships should be loving, committed, faithful, mutual and respectful. Marriage, same-sex relationships, and de-facto relationships all have the potential to be ethical in this way and therefore acceptable in the sight of God. Our experience as people in faith communities leads us to conclude that different-sex and same-sex relationships have more similarities than differences. Both have the capacity for love and both have the capacity for destructiveness. Both involve two people who share emotional interdependence and a sexual relationship. Both have the possibility of parenting responsibilities. Both require trust and commitment to flourish. Both entail social obligations. The similarities make it obvious that both need legal protection, social respect and encouragement.

We conclude that same-sex couples and de facto couple deserve the same social recognition and legal protection that is available to married couples and that the Civil Union Bill and the Relationships (Statutory References) Bill will provide.

We would request that the Committee consider two changes to the proposed Bills. One is to allow more flexibility in the language of the pledge required to solemnise a Civil Union. As people involved in liturgical celebrations, we are aware that liturgical language needs to change over time to reflect common usage. We suggest that there are other ways of expressing the commitment “I N take you N to be my partner in our civil union…” and that it should be left to the couple and their minister or celebrant to choose how to express the intention of partnership and commitment within a civil union.

Secondly, we are aware that this legislation will have a negative effect on same-sex couples where both are currently receiving benefits as single persons. We support this change in the interests of fairness and equality. However, the restricting of the grace period of two years to couples who do not enter a Civil Union seems an unnecessary disincentive to people making a commitment. We propose that the two-year period apply to all couples regardless of whether or not they take up the option to have a Civil Union.