Clarifying gender discrimination

Note: see bottom of post for update
There has been some comment on No Right Turn on the Marriage (Gender Clarification) Bill which has now been taken up by Gordon Copeland.

The Auditor -General has advised Parliamant that the bill contravenes the BiIl of Rights. Section 19 of the BiIl of Rights notes that everyone has the right to be free of discrimination under specified grounds in the Human Rights Act, and any measures taken in good faith to advance people or groups disadvantaged by unlawful discrimination is within the law.

This bill will add this clause to S19 of the BiIl of Rights:

Measures taken in good faith for the purpose of assisting or advancing marriage do not constitute discrimination.

Marital status is one of the specified grounds in the HRA.The Auditor General is of the opinion that the bill is discriminatory as it:

distinguishes between persons who are married and those in other types of relationships. This distinction is disadvantageous on the grounds of marital status and sexual orientation (as same sex couples are unable to get maried) as it affords protection to future legislation, policy or practice that may be discriminatory vis-a-vis those groups.

This is silly.The bill doesn't distinguish between persons who are maried and others - it is the marriage certificate that does this. So why doesn't Cullen get rid of mariage certificates? The Marriage Act itself has always distinguished between married couples and everyone else, that's the whole purpose of the Act. The Civil Union Act is no different.

In any case, Human Rights legislation applies to individuals, not to groups, so any reference to groups is purely an indirect reference. . Strengthening and supporting marriage is no more discriminatory to those who are not married than strengthening and supporting families with kids is discriminatory against childless couples. Its almost like saying that the promotion of rugby unlawfully discriminates against soccer players, or having a charter at TVNZ unlawfuly discriminates against TV3 viewers.

But No Right Turn is of the belief that this bill will allow people to refuse rental accommodation to unmarried couples because it is not assisting and advancing marriage. He's wrong and is confusing distinction with discrimination.. Gordon Copeland would never allow this kind of discrimnination to be sanctioned in law, as he disapproves of it. Imagine what would happen if the Catholic Church forbids the hiring of priests because they are not married!

Strengthening and supporting marriage will not lead to unlawful or unfair discrimination against those who are not married, any more than the Civil Union Act discriminates against those who are not in a Civil Union.This bill is about clarifying the gender of married couples, which has always understood to have been between a man and a woman since the 1955 Act.

In any case, in the case of Quilter v Attorney General where three couples tried to force the courts to allow them to have marriage licences, the judges stated that it was the role of Parliament to clarify the law on marriage.

This bill does just that. An interview with Gordon Copleand on the issues can be found here

Someone name any likely future legislation, policy or lawful procedure that will disadvantage anyone should this bill be passed.

UPDATE: Message from Gordon Copeland
This was sent to me by Gordon Copeland
Dear Dave,

The comment on the (No Right Turn) blog is complete and utter nonsense. The Bill simply says that "measures taken in good faith for the purpose of assisting or advancing marriage do not constitute discrimination." It is actually aimed, for example, at a church group being able to offer a marriage preparation course, without at the same time, having to offer a civil union preparation course. People actually, Dave, simply need to get their heads around the difference between differentiation and discrimination.

Warmest regards,

Gordon Copeland MP
Strong Families, Strong Country
United Future NZ
Bowen House 11:24
Parliament Buildings
WELLINGTON