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Deletion of the words - "other suitable persons" from the Marriage Act 1961 (Australia)
I write this in a state of shock. I know everyone is just so busy, but I would ask you to at least read this.
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When I was analysing a very misleading letter sent by the Attorney-General, Rob McClelland, to the Member for Isaacs, Mr Mark Dreyfus MP QC, I discovered that, in the infamous so-called "Reforms" of 2003, the basis for the Civil Celebrant Program had been removed from the Marriage Act! (Dreyfus had written asking that clergy be unentangled from Civil Celebrants on the A-G website).
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In the Marriage Act 1961 the appointment of every type of clergy person was dealt with in sections 25 to 38. Following these, Section 39 dealt with non-clergy "celebrants" (note the Annotation "celebrants" in the margin in the facsimile below).
Independent Civil Marriage celebrants are the group described as "other suitable persons" . Because it was awkward to describe the marriages performed by secular appointees as done by an "other suitable person"-not-a-clergy-person celebrant, Murphy described us as "Civil Marriage Celebrants" based on a precedent and a convention current in the Registry Offices.
Be that as it may or may not, the basis for our secular (not clergy !) appointment was in those three words of the Marriage Act, section 39 - "other suitable persons" based on a precedent and a convention current in the Registry Offices. Be that as it may or may not, the basis for our secular (not clergy !) appointment was in those three words of the Marriage Act, section 39 - "other suitable persons"
Imagine my stunned surprise, when I looked at the latest "2003" version of Section 39 and found that these words had been removed !!!
1961
2003
McClelland's letter to Dreyfus states:-
"It is important to note that the Marriage Act 1961 does not, and never has,* contained a reference to 'civil celebrants'. In addition the Act makes no distinction for the purposes of the appointment process or the obligations arising from registration as a marriage celebrant between marriage celebrants performing religious and non-religious marriages." (*EMPHASIS MINE) (Full text of letter attached)
"Other suitable persons" was the legal basis for the Civil Celebrant Program - the most successful program for non-church people in the western world - it was removed without consultation with the general public, with celebrants, or a properly informed Parliament - this change, and other destructive changes were signed by A-G Daryl Williams as he was leaving the Parliament mid-term, when he clearly and obviously had lost interest in the job. Who is really responsible ??
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The fact that we have gone from 1600 celebrants in 2003 (too many then) to over 10,000 now !!! - - that good celebrants (who have spent thousand of hours and thousands of dollars setting themselves up to serve the public) are leaving the profession in disgust/dismay - and that disheartening reports of untrained amateurs spoiling important ceremonies for people are reported almost on a daily basis, is most distressing. The "Reforms" have us jumbled up with clergy, thus losing our identity, and have put us at the degrading mercy of greed-is-good-capitalists trainers who have dragged us all down to the level of exploited Indian students. These "Reforms" are a total failure - and they should be reversed and done away with.
I ask you to join me in the fight to get these words back into the Marriage Act - for starters.
Personally, and I will finish on this for the time being - I find it deeply offensive and disrespectful to the memory of out statesman-founder, Lionel Murphy, who with this, and many other true reforms, attempted to bring freedom, culture, poetry, music and joy into the lives of ordinary citizens.
Dally Messenger