How Should Religious Marriage Celebrants Respond If Same Sex Marriage Is Introduced in Australia?

16 Pages Posted: 23 Dec 2016

Date Written: September 25, 2015

Abstract

The possible introduction of same sex marriage into Australia raises a number of complex issues for ministers of religion, who have traditionally made up a significant segment of those authorised to celebrate marriages. One set of issues discussed here is whether ministers of religion will be obliged to solemnise same sex marriage, when their religious convictions may lead them to believe that marriage should be between a man and a woman. Another important question raised by some denominations is whether, if the general law allows same sex marriage, even while exempting ministers of religion from solemnising these, the law of marriage would have been so fundamentally altered that religious groups should withdraw altogether from participation in marriage solemnisation. This paper discusses the debates on this question in Australia and suggests there are good reasons why religious groups may like to remain part of the system of marriage celebration, even if unable in conscience to celebrate some marriages.

Keywords: Same Sex Marriage, Religious Freedom

Suggested Citation

Foster, Neil James, How Should Religious Marriage Celebrants Respond If Same Sex Marriage Is Introduced in Australia? (September 25, 2015). Available at SSRN: https://ssrn.com/abstract=2888754 or http://dx.doi.org/10.2139/ssrn.2888754

Neil James Foster (Contact Author)

Newcastle Law School ( email )

1 University Drive
Callaghan, 2308
Australia
0249217430 (Phone)

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