Two pieces in the Australian online forum “The Conversation” today make misleading statements about the possible impacts of the recognition of same-sex marriage in Australia, and warrant some response. One article suggests that there is no doubt that churches will still be able to decline to solemnise same-sex marriages. The other is a “fact check” on assertions about the mandatory nature of “safe schools” programs following such a change. In my view both pieces are likely to mislead. Will churches always be free to decline to solemnise same-sex weddings? The first article, by Robyn J Whitaker, “ If Australia says ‘yes’, churches are still free to say ‘no’ to marrying same-sex couples ” ( The Conversation, Oct 2, 2017), reassures churches that they currently enjoy freedom to decline to marry those who ask to be married by them, and that this will continue. The article is a fair summary of the current law- under the Marriage Act 1961 (Cth), s 47(a) relevantly provides: Nothing in this Part (a) imposes an obligation on an authorised celebrant, being a minister of religion, to solemnise any marriage… This provisions protects all ministers of religion (even those from denominations not “proclaimed” under s 26 of the Act) from being required, purely by virtue of the authority that they may have under Part IV of the Marriage Act (“this Part” referred to in s 47) , to solemnise a marriage that is contrary to their religious beliefs. However, there are two important qualifications that […]
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