Written Submission on
Supplementary Order Paper (SOP 25)

Submission No. 401
6 July 2000

Attention Tracey Colon, Justice & Electoral Committee Secretariat,
Parliament House, Wellington

The Wellington Christian Apologetics Society (Inc.) has given careful consideration to the Matrimonial Property Amendment Bill and SOP 25 which will extend the bill to cover couples in de facto relationships including same sex couples, and make other changes to the law covering relationship property.

We are opposed to SOP 25 and urge that it does not proceed for the following reasons:

1. Equating de facto and same sex partnerships with marriage undermines the status and unique character of the marriage relationship which involves lifelong, exclusive and public commitment, and is the relationship in which children are most effectively nurtured etc. Property matters relating to de facto and same sex partnerships should NOT be treated under the same category as marriage.
2. SOP 25 illustrates a fundamental misunderstanding of the nature of marriage. By its inclusion of de facto polygamy the legislation is shown not to be about relationships "in the nature of marriage", because the most basic restrictions of marriage are disregarded. This is the first time NZ law has recognised (or at least opened the door) to polygamy and it sets a dangerous precedent.
3. SOP 25 fails to affirm the preferred unique institution of marriage, in relation to de facto relationships and same-sex partnerships. The state must promote that which is good for the welfare of all New Zealanders - affirming and encouraging the values that undergird strong family life.
4. The removal of the words "marriage", "spouse", "husband", and "wife" - as proposed in the legislation, is strongly opposed. We oppose their replacement by the terms "partner", "partnership", etc.
5. We consider the inclusion of same-sex couples under the same category as those who are married (heterosexuals), to be part of an agenda to normalise homosexuality by establishing legal recognition of same-sex relationships in various statutes. It is a precursor to moves to legislate recognition of "same-sex marriage" which preempts the outcome of the public debate about this. The government has already consulted with the public by means of the Same Sex Couples and the Law Discussion Paper - on which our Society made a submission. However, we've heard nothing about responses (over 1200) to that paper, and what was revealed by careful analysis. Before any decisions are made about SOP 25, the results of that earlier consultation should be made readily available to the public.
6. Proposals in SOP 25, while seeking to remedy 'injustice' - (so-called) in terms of property 'rights' of individuals in de facto and same-sex partnerships, in fact create a real injustice. The establishment of a state imposed blanket recognition of "de facto" status and "same-sex partnership" status (after 3 years of the relationship); reduces the choice of the individual. Those who slide into a de facto relationship of convenience ("no strings attached") wake up after three years to find themselves bound up in legal obligations they may have had no understanding of, or need of in a relationship which is a private affair. It will create unprecedented litigation and acrimony as jilted 'lovers' scramble to prove or disprove the commencement of a partnership using 'evidence' of discarded diaries and letters etc.
7. SOP 25 fails to investigate or promote other means by which de facto and/or same sex couples can secure the property rights issues under law by private arrangements. It also fails to address the issue of registration of these partnerships leaving the qualifying criteria so loose - as to be irresponsible. SOP 25 places the "cart before the horse" by failing to address those issues that are fundamental to "in the nature of marriage".

Wellington Christian Apologetics Society (Inc.)