(c) potential amendments to improve the effect of the bill and the likelihood of achieving the support of the Senate
Recommendation 3: CoCA recommends that the definition of marriage in Part I—Preliminary, Section 5 Interpretation and all such associated references to marriage be amended to read:
"marriage means the union of two adults to the exclusion of all others, voluntarily entered into for life.”
Rationale
- The current definition “man and woman” implies an adult level of maturity for legal marriage even though the Act makes provisions for a person between the ages of 16 and 18 years to marry a person aged 18 years and over with both Court approval and parental consent.
- Child and forced marriage is a growing concern as Australia becomes more multicultural with families coming from countries where child marriage is acceptable.
- The requirement under Section 46 of the Act for civil celebrants to give a definition of marriage according to Australian law is a powerful mechanism for public education.
By this mechanism, it is conservatively estimated that over 20 million people each decade would be reminded that in Australia marriage is for adults, not children. - CoCA proposes that all marriage ceremonies conducted in Australia, whether by civil or religious celebrants, should include
a. the wording of section 454 to indicate consent to the marriage and
b. the wording of section 465 to indicate that a marriage according to law is being solemnised.
