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Marriage Amendment (Definition and Religious Freedoms) Bill 2017

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2016-2017

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

 

 

(1)     Page 3 (after line 11), after clause 3, insert:

4   Protection of religious freedom

                   Nothing in this Act limits or derogates from the right of any person, in a lawful manner, to manifest his or her religion or belief in worship, observance, practice and teaching.

[protection of religious freedom]

(2)     Schedule 1, item 20, page 10 (line 11) to page 11 (line 10), omit the item, substitute:

20  Section 47

Repeal the section, substitute:

47   Ministers of religion and marri age celebrants may refuse to solemnise marriages

Ministers of religion

             (1)  A minister of religion may refuse to solemnise a marriage despite anything in this Part.

             (2)  In particular, nothing in this Part prevents a minister of religion from:

                     (a)  making it a condition of solemnising a marriage that:

                              (i)  notice of the intended marriage is given to the minister earlier than this Act requires; or

                             (ii)  additional requirements to those provided by this Act are complied with; and

                     (b)  refusing to solemnise the marriage if the condition is not observed.

             (3)  A minister of religion may refuse to solemnise a marriage despite anything in this Part, if any of the following applies:

                     (a)  the refusal conforms to the doctrines, tenets or beliefs of the religion of the minister’s religious body or religious organisation;

                     (b)  the refusal is necessary to avoid injury to the religious susceptibilities of adherents of that religion;

                     (c)  the minister’s religious beliefs do not allow the minister to solemnise the marriage.

Marriage celebrants

             (4)  A marriage celebrant may refuse to solemnise a marriage, despite anything in this Part, if the marriage celebrant’s religious or conscientious beliefs do not allow the marriage celebrant to solemnise the marriage.

Grounds for refusal not limited by this section

             (5)  This section does not limit the grounds on which a minister of religion or a marriage celebrant may refuse to solemnise a marriage.

[marriage celebrants]