When can same-sex couples finally get married?
9 January 2018. Technically, same-sex marriage will become legal on 9 December, after the governor general signed the bill into law on Friday morning. But existing marriage law requires all couples to give their celebrant one calendar month’s notice before they can wed.
In rare circumstances, that period can be shortened due to medical reasons, employment commitments or similar. Examples of acceptable reasons are laid out in the existing Marriage Regulations, and couples will have to apply to a prescribed authority if they want to marry earlier.
What protections are there for celebrants opposed to same-sex marriage?
There are now four categories of marriage celebrants in Australia and two of them can refuse marriages on the basis of religion.
A registered minister of religion can refuse to solemnise a marriage on the grounds of their religious belief, which was a protection that existed before same-sex marriage was passed.
The legislation also creates a new subcategory of marriage celebrant: religious marriage celebrant. They can also refuse to solemnise a marriage due to personal religious belief. In addition, a “body established for religious purposes” may also refuse to provide goods, services or facilities for a same-sex marriage.
Existing celebrants will be able to register as religious celebrants until 9 March 2018, and there is no requirement of proof of religious belief – they just have to notify the registrar. Future celebrants will not be able to register as religious marriage celebrants unless they are also ministers of religion.
What about foreign marriages?
Same-sex marriages that were legally made overseas, or were made in Australia by a foreign diplomatic or consular officer, will automatically be recognised on 9 December. Foreign same-sex divorces will also be recognised, and same-sex couples married overseas will be able to access Australian divorce law immediately.
