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12-Jan-2018 15:30

The proposed amendments to the bill would, it seems, extend this possibility indefinitely, to all civil celebrants present and future.

South Africa is the only country, of the four here, that has adopted the kinds of legislative exemption for civil celebrants being considered in Australia.

One other aspect of the debate, however, is still on the table: the right of civil celebrants to refuse to marry same-sex couples.

Although civil celebrants have not asked for exemptions, Attorney General Brandis and other senators have proposed amendments to the Smith Bill to enable all civil celebrants, present and future, to refuse to solemnise same-sex marriages for religious reasons.

It’s a civil case, brought in civil court, where the defendant won’t face criminal penalties or jail time.

Criminal conversation requires solid proof that your spouse engaged in sexual relations with the third-party defendant.

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The core element of this claim is that a third person’s conduct caused alienation.

But some argue that the law should not be passed without insurances that religious freedom will not suffer in the process.

Political calls for broad exemptions, which would have allowed florists, bakers, photographers and the like to refuse to provide services for same-sex marriages, have been dropped.

Unlike other proposals for exemptions, those for civil celebrants seem to have enough political and popular support to be taken seriously in the legislative debate.

In deciding how to legislate, members of Parliament may want to look at how Australia is not the first country to consider the implications for the religious freedom of civil celebrants.This solution aligns with a provision of the Smith Bill that aims to introduce a new category of celebrants to Australian law.



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