As homosexual partners for 15 years, John Jolliff and Des Smith have lived together in a jointly owned house in Wellington. Until February 1, Jolliff owned 25 percent of the house. Under a new Property (Relationships) Amendment Act, Jolliff’s share of the property will double should they separate.
This law, which amends the Matrimonial Property Act of 1976, gives property rights to unmarried partners who have lived together “in the nature of marriage” for three years. The law would apply unless a couple is about to separate and has opted out.
The measure’s supporters say it will make division of couples’ assets more equitable. But some Christians believe the legislation undermines traditional marriage and brings New Zealand one step closer to legalizing gay marriage. Homosexual relations were decriminalized in 1986, and Christian political activists have resisted efforts to give legal recognition to unmarried, cohabiting couples.
Prime Minister Helen Clark (Labor Party) has not taken a public position on gay marriage, but she says the new law does not threaten marriage.
“If you recognize any other relationships as equal to marriage,” says Graham Capill, leader of the small Christian Heritage Party, “you have devalued the institution of marriage.”
Gay marriage remains unpopular in New Zealand, as indicated by responses to “Same Sex Couples and the Law,” a 1999 discussion paper by the nation’s Justice Ministry. More than 80 percent of 8,464 people and organizations responding to the paper opposed gay marriage, a quarter of them citing religious objections.
When Clark dismissed the responses as not representing all New Zealanders, Capill told the press, “If the result had been the other way around, you can bet your bottom dollar that Helen Clark would say, ‘Here’s a mandate to change legislation.’ “
New Zealand’s Catholic Bishops Conference supports granting legal protections for unmarried couples, but the conference opposes the new property law as devaluing marriage.
“We have given equal status to [unmarried] couples, and I think that is confusing,” says Ian Grant, director of Parenting with Confidence. “I think it trivializes marriage.”
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Related Elsewhere
FindLaw.co.nz explains the basics of the new law.
Other news articles include:
Property Torn Between Two LoversNew matrimonial property laws covering de facto and same sex couples come into force today. (IRN, Feb. 1, 2002)
New Zealand bishops back plans for homosexual unions (Catholic World News, Apr. 26, 2000)
Recognition of same-sex relationships in New Zealand (ReligiousTolerance.org/Newsroom, Nov. 13, 2000)
Earlier Christianity Today articles on New Zealand include:
Christians Divide Over Sex-Worker LawNew Zealand considers decriminalizing prostitution. (Aug. 31, 2001)
Freed Somali Christian Arrives in New Zealand‘It was God who saved me,’ Haji declares. (Sept. 6, 2000)
