Marriage in everything but name

By HELEN TUNNAH

What is a civil union?

A civil union is an alternative to marriage, for both gay and straight couples. It allows de facto couples to formally register their relationship under the Births, Deaths and Marriages Act. Gay couples will still not be able to get married. Critics of the law say civil unions undermine marriage.

Is it the same as marriage?

In virtually everything but name, yes. People who register a civil union are not called a husband and wife. So far there's no formal term to say someone has been civil unionised, or civilly unioned. The usual rules of marriage apply - bigamy and incest are banned. You can have a civil union in a church.

Why bother with a civil union, if you could have a registry wedding?

Precisely, say opponents. Civil unions, they argue, are gay marriages in drag and will be used mainly by homosexual couples. The Government has tried to counter this by talking up the attractions of civil unions for heterosexual couples.

Do you divorce if you want to end a civil union?

Yes. As with a marriage, civil unions can be dissolved. However, there is a clause in the Civil Union Bill allowing a couple to convert the relationship from marriage to civil union and vice versa. This is because the bill's sponsors think it makes little sense to ask a couple to go through a lengthy divorce when they want their relationship to continue. If there is strong public opposition to this clause, the Government has said it may be dropped.

Why is the Government introducing civil unions?

For the past two elections Labour has promised to offer civil unions to all couples, and end discrimination against gay people. The Civil Union Bill also says it will help meet the Government's objective to create a positive human-rights culture.

Why are there two bills?

The Civil Union Bill simply sets up the legal status of a civil union, for straight and gay couples. For the first time it allows same-sex couples to have legal recognition of their relationships. The Relationships (Statutory References) Bill changes more than 100 laws to end discrimination against civil union and de facto couples. About 350,000 New Zealanders in de facto relationships do not have the same legal rights as married couples. A de facto partner is not defined as a "near relative" in many laws. They may be denied next-of-kin status.

Can the Relationships Bill pass without the Civil Union Bill?

Yes. A law ending discrimination against de facto couples can be passed whether or not civil unions exist. People who want both bills to pass say it is important that everyone's committed relationships are considered equal in society, and civil unions achieve that. United Future has suggested MPs could pass the Relationships Bill without civil unions. Far more MPs will vote for the Relationships Bill next week than the Civil Union Bill today.

Why has the Government not introduced gay marriage?

It is being pragmatic. The Government correctly believes that neither the public nor a majority of current MPs would support gay marriages. So it has decided not to change the Marriage Act to accommodate same-sex couples. This has not pleased many in the gay community. Helen Clark has acknowledged this, but says society needs in the meantime to give homosexual couples a choice of registering their commitment in some form.

What do other countries do?

Denmark led the way, affording same-sex couples legal rights in 1989 with some exceptions, such as adoption. Two countries, the Netherlands and Belgium, offer same-sex marriage and Germany plans to this year. Civil unions or equal rights for same sex and de facto couples are also recognised in many other nations, including Denmark, Norway, Sweden, Hungary, France and Portugal. Britain is considering civil unions. Australian Prime Minister John Howard has spoken out against same-sex marriages.

So is it a good idea?

Yes, say supporters. People live together now without getting married and civil unions will not change that. Human rights laws require that gays and de facto couples are not discriminated against. And in 21st-century New Zealand, many forms of relationship exist and deserve recognition.

No, say opponents, the Government is weakening the institution of marriage for a minority.