Quilter v Attorney-General
The case Quilter v Attorney-General had its origin in early 1996 when three female couples in long-term relationships were denied marriage licences by the Registrar-General because marriage under the common law was between one man and one woman. The case against the government was taken to the High Court in May 1996. The applicants argued that the Marriage Act did not prohibit same-sex marriage and that under the New Zealand Bill of Rights Act 1990 and the New Zealand Human Rights Act 1993, discrimination on the basis of sexual orientation was prohibited.
I
n the High Court, both parties agreed that at the time the Marriage Act was written in the mid-1950s, marriage according to the common law was between one man and one woman, which explains why the Act did not specifically outlaw same-sex marriage. The applicants argued, however, that under the Human Rights Act, which prohibits discrimination based on sexual orientation, and sections 6 (Interpretation consistent with Bill of Rights to be preferred) and 19 (Freedom from discrimination) of the Bill of Rights Act, New Zealand prohibits discrimination based on sexual orientation and, therefore, the applicants should be allowed to marry. The government in response cited section
5 (Justified limitations) of the Bill of Right Act, which allowed rights and freedoms in the Bill of Rights to "be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society". In its decision, the High Court sided with the government and common law and reiterated that marriage is between one man and one woman.
The High Court decision was appealed to the Court of Appeal (then New Zealand's highest court) in December 1997, which upheld the ruling.[3]
Ms. Juliet Joslin et al. v. New Zealand
On 30 November 1998, two couples involved in Quilter v Attorney-General sued New Zealand before the United Nations Human Rights Committee claiming that the country's ban on same-sex marriage violated the International Covenant on Civil and Political Rights. However, the Committee rejected the case on 17 July 2002.[4]
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