Homosexual Law Reform Act 1986

Last updated

Homosexual Law Reform Act 1986
Coat of arms of New Zealand.svg
New Zealand Parliament
  • An Act to amend the Crimes Act 1961 by removing criminal sanctions against consensual sexual conduct between males, and consensual heterosexual anal intercourse, while protecting minors.
Citation 1986 No 33
Passed by House of Representatives
Passed9 July 1986 [1]
Royal assent 11 July 1986 [2]
Commenced8 August 1986 [2]
Administered by Ministry of Justice
Legislative history
Bill titleHomosexual Law Reform Bill
Introduced by Fran Wilde
Introduced7 March 1985 [1]
First reading 8 March 1985 [1]
Second reading 13 November 1985 [1]
Third reading 9 July 1986 [1]
Committee report8 October 1985 [1]
Related legislation
Human Rights Act 1993 (New Zealand)
Status: Current legislation

The Homosexual Law Reform Act 1986 is a New Zealand Act of Parliament that broadly legalised consensual sex between men as well as anal sex regardless of partners' gender. It removed the provisions of the Crimes Act 1961 that criminalised this behaviour. The legislation established a uniform age of consent, setting it at 16 for both same-sex and opposite-sex partners.

Contents

Before Homosexual Law Reform, male homosexual acts had faced severe legal penalties in New Zealand, evolving from capital punishment to life imprisonment and hard labour. Despite initial attempts at decriminalisation in the 1970s, it was not until the landmark 1986 Act that consensual same-sex activities were decriminalised, marking a significant progressive shift in the country's approach to LGBT rights.

Background

Buggery or sodomy became illegal in New Zealand when the country became part of the British Empire in 1840 and adopted English law making male homosexual acts punishable by death. The Offences Against The Person Act of 1867 changed the penalty for buggery from execution to life imprisonment. In 1893 the law was broadened so that all sex between men constituted sexual assault even if it was consensual. Penalties included life imprisonment, hard labour and flogging. Sex between women has never been legally prohibited in New Zealand, but all anal intercourse, including heterosexual, continued to be prior to the 1986 Act. [3]

In 1961 the penalties for male homosexual activity were reduced, reflecting changing attitudes towards homosexuality. Shortly afterward the Dorian Society and later the Wolfenden Association were formed to campaign for legalisation of male homosexual sex. In 1968 a petition signed by 75 prominent citizens and calling for legislative change was presented to (and rejected by) Parliament. [3]

The first parliamentary attempt at decriminalisation was made in 1974, with National MP Venn Young's Crimes Amendment Bill. This would have legalised sexual activity between men over the age of 21, but was defeated 34 to 29, with 23 abstentions. Warren Freer proposed similar legislation in 1979 and 1980 but this did not receive support from gay activist groups, who felt that a different age of consent for gay and straight sex would perpetuate discrimination and homophobia. [4]

The debate for the 1986 bill lasted 16 months. Arguments brought by the opposition was that the bill would "ruin families" and spread AIDS. [5] A petition and protest was held in 1985 by the Coalition of Concerned Citizens, which claimed to have received 800,000 signatures. Many of the signatures, however, were discredited by Parliament. [6] [7]

Legislative history

The Bill which would have become this Act was introduced by Labour MP Fran Wilde in 1985. The bill originally was composed of two parts: Part I, which removed criminal penalties for those engaging in consensual homosexual acts and anal intercourse with people over the age of 16 (which was the age of consent for vaginal sex in New Zealand), and Part II, which provided anti-discrimination protections for lesbians and gay men.

Committee stage

During consideration of the Bill by the Committee of the Whole, two amendments concerning the age of consent for homosexual activities (one setting set such an age at 20, and another setting it at 18) were rejected. Ironically, the staunchest opponents of the Bill (who wanted homosexuality to remain illegal for people of all ages) voted against a higher age of consent: they thought that, by preventing the passage of a "compromise" amendment, they would have ultimately prevented the passage of the bill altogether, as they believed "nobody in their right mind would vote for a third reading for the Bill with the age of consent at 16". [8]

The committee also decided, by a majority of 18 (31 Ayes to 49 Noes), to remove Part II from the Bill.

Passage

The Bill, as amended, passed narrowly (49 Ayes to 44 Noes) on 9 July 1986, after an attempt by opponents to invoke closure and end debate had been defeated on 2 July by one vote (41 Ayes to 42 Noes); the bill might have failed if a vote had been taken then as several supporters were kept away from Wellington by bad weather. Three National MPs voted for the bill, and other National MPs (including Doug Graham) would have supported the bill if it had been in danger of defeat. [3] [9]

Homosexual Law Reform Act 1986 – Third Reading [10] a
PartyVoted forVoted againstPresent (Speaker)Absent
Labour (55)
National (38)--
Social Credit (2)---
Totals494411
a. Political Affiliation of each MP is based on the information from the prior election. The following MPs (who were originally from one of the two main parties) would eventually join or find their own political parties are:
b. National MP Maurice McTigue succeeded the late Labour MP Basil Arthur in a 1985 by-election.
c. Both of these MPs were incorrectly labelled as affiliated with the Labour Party (NZ).

Aftermath

Although Part II did not make it into the final version of the Bill, its provisions were eventually enacted into law seven years later by the New Zealand Human Rights Act 1993. Full equality to LGBT+ New Zealanders was finally granted on 17 April 2013, when by 77 votes to 44 same-sex marriage in New Zealand was legalised, receiving royal assent on 19 April. It entered into force on 19 August the same year. [11]

On 10 April 2018, the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 came into effect, joining a range of similar statutes in other Commonwealth countries that pardoned or quashed convictions for homosexuality prior to decriminalisation. [12] [13]

Debate

The Bill was subject to substantial debate and faced fierce opposition from The Salvation Army, as well as Christian political activists such as Keith Hay, Peter Tait and politicians such as Norman Jones (National MP for Invercargill). A Coalition of Concerned Citizens was created by the group to distribute a petition against the Act, that on submission to Parliament was claimed to have garnered more than 800,000 signatures, making it the largest petition in proportion to New Zealand's population up to that point. [14] However, some petition sheets contained several signatures in the same handwriting, and some of the boxes were nearly empty, thereby discrediting the petition and causing the Parliamentiary Petitions Committee to reject it. [15] [16]

Despite the Coalition of Concerned Citizens threatening electoral reprisals, the Fourth Labour Government was returned for a second term of office, losing only one constituency seat to the National Party Opposition in 1987.

In accordance with surveys conducted amongst its membership, the Salvation Army continued to oppose law reform and full equality, including same-sex marriage in New Zealand, but later expressed regret for the hurt that its participation in the petition had caused. [17] In a joint statement written in 2012, attempts at rapprochement were welcomed by the Rainbow Wellington LGBT+ group. [18]

When National MP Lockwood Smith gave his valedictory speech in February 2013 after 30 years in Parliament, he listed voting against the Homosexual Law Reform Bill in 1986 as his biggest regret: [19]

I faced the classic dilemma of voting according to my own judgement or the opinion of those I was elected to represent. As a new member, I opted for the latter and I've always regretted it.

See also

Related Research Articles

<span class="mw-page-title-main">Prostitution in New Zealand</span> Overview of the legality and practice of prostitution in New Zealand

Prostitution in New Zealand, brothel-keeping, living off the proceeds of someone else's prostitution, and street solicitation are legal in New Zealand and have been since the Prostitution Reform Act 2003 came into effect. Coercion of sex workers is illegal. The 2003 decriminalisation of brothels, escort agencies and soliciting, and the substitution of a minimal regulatory model, created worldwide interest; New Zealand prostitution laws are now some of the most liberal in the world.

Venn Spearman Young was a New Zealand politician. He was a member of the National Party, and served as a Cabinet Minister in the government of Robert Muldoon. He is known for his failed attempt to legalise "homosexual acts" in 1975.

<span class="mw-page-title-main">Criminal Law Amendment Act 1885</span> United Kingdom legislation

The Criminal Law Amendment Act 1885, or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes," was an Act of the Parliament of the United Kingdom, the latest in a 25-year series of legislation in the United Kingdom of Great Britain and Ireland beginning with the Offences against the Person Act 1861. It raised the age of consent from 13 years of age to 16 years of age and delineated the penalties for sexual offences against women and minors. It also strengthened existing legislation against prostitution and homosexuality. This act was also notable for the circumstances of its passage in Parliament.

<span class="mw-page-title-main">LGBT rights in the United Kingdom</span>

The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay, and bisexual rights are considered to be advanced by international standards.

<span class="mw-page-title-main">LGBT rights in New Zealand</span>

New Zealand lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. The protection of LGBT rights is advanced, relative to other countries in Oceania, and among the most liberal in the world, with the country being the first in the region to legalise same-sex marriage.

<span class="mw-page-title-main">LGBT rights in Australia</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Australia significantly advanced over the latter half of the 20th century and early 21st century, and are now ranked among the highest in the world. Opinion polls and the Australian Marriage Law Postal Survey indicate widespread popular support for same-sex marriage within the nation. A 2013 Pew Research poll found that 79% of Australians agreed that homosexuality should be accepted by society, making it the fifth-most supportive country surveyed in the world. With its long history of LGBT activism and annual Gay and Lesbian Mardi Gras festival, Sydney has been named one of the most gay-friendly cities in the world.

<span class="mw-page-title-main">Sexual Offences Act 1967</span> United Kingdom legislation

The Sexual Offences Act 1967 is an act of Parliament in the United Kingdom. It legalised homosexual acts in England and Wales, on the condition that they were consensual, in private and between two men who had attained the age of 21. The law was extended to Scotland by the Criminal Justice (Scotland) Act 1980 and to Northern Ireland by the Homosexual Offences Order 1982.

<span class="mw-page-title-main">LGBT rights in the Isle of Man</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of the Isle of Man have evolved substantially since the early 2000s. Private and consensual acts of male homosexuality on the island were decriminalised in 1992. LGBT rights have been extended and recognised in law since then, such as an equal age of consent (2006), employment protection from discrimination (2006), gender identity recognition (2009), the right to enter into a civil partnership (2011), the right to adopt children (2011) and the right to enter into a civil marriage (2016).

<span class="mw-page-title-main">LGBT in New Zealand</span>

New Zealand society is generally accepting of lesbian, gay, bisexual and transgender (LGBT) peoples. The LGBT-friendly environment is epitomised by the fact that there are several members of Parliament who belong to the LGBT community, LGBT rights are protected by the Human Rights Act, and same-sex couples are able to marry as of 2013. Sex between men was decriminalised in 1986. New Zealand has an active LGBT community, with well-attended annual gay pride festivals in most cities.

<span class="mw-page-title-main">Prostitution Reform Act 2003</span> Act of Parliament in New Zealand

The Prostitution Reform Act 2003 is an Act of Parliament that decriminalised prostitution in New Zealand. The Act also gave new rights to sex workers. It has attracted international attention, although its reception has been mixed. The Act repealed the Massage Parlours Act 1978 and the associated regulations.

<span class="mw-page-title-main">LGBT rights in Scotland</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".

<span class="mw-page-title-main">LGBT rights in Northern Ireland</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Northern Ireland have traditionally been slower to advance than the rest of the United Kingdom, with the region having lagged behind England, Scotland, and Wales. Northern Ireland was the last part of the United Kingdom where same-sex sexual activity was decriminalised, the last to implement a blood donation “monogamous no waiting period” policy system for men who have sex with men and, after intervention by the Parliament of the United Kingdom, the last to allow same-sex marriage. Compared to the neighbouring Republic of Ireland, all major LGBT rights milestones had been reached earlier in Northern Ireland, with the exception of same-sex marriage. Homosexuality was decriminalised in Northern Ireland a decade earlier and civil partnerships were introduced six years earlier.

<span class="mw-page-title-main">Sodomy law</span> Laws criminalising certain sexual acts

A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are deemed to be "illegal", "illicit", "unlawful", "unnatural" and/or "immoral". Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite-sex, and have mostly been used to target against sexual activities between individuals of the same-sex.

<span class="mw-page-title-main">Crimes Act 1961</span> Act of Parliament in New Zealand

The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered.

<span class="mw-page-title-main">LGBT rights in Queensland</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Queensland have advanced significantly from the late 20th century onwards, in line with progress on LGBT rights in Australia nationally. Private consensual sex between men has been legal in the state since 1991, with lesbian sexual acts never criminalised. The age of consent was equalised to 16 years for all sexual acts in 2016. Sexuality and gender identity are protected attributes under both state and federal anti-discrimination laws. Same-sex couples may marry under Australian law, enter into a civil partnership under state law or live together in an unregistered de facto relationship. Same-sex couples may become parents through adoption, foster care, altruistic surrogacy and, for lesbian couples, IVF. In 2020, Queensland became the first jurisdiction within Australia to pass a law banning conversion therapy, with a maximum penalty of 18 months imprisonment and fines. State anti-discrimination protections for sexuality and gender identity were introduced in 2002 and in 2017 the gay panic defence was abolished from the criminal law. Transgender and intersex Queenslanders are able to update their government records and birth certificate, with the formal repeal of both the "divorce requirements" in 2018 and then the "surgery requirements" in 2023.

<span class="mw-page-title-main">LGBT history in Australia</span> History of LGBTQI people and rights in Australia

This article details the history of the LGBT rights movement in Australia, from the colonial era to the present day.

<span class="mw-page-title-main">LGBT rights in Tasmania</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the Australian state of Tasmania have the same legal rights as non-LGBT people. Tasmania has a transformative history with respect to the rights of LGBT people. Initially dubbed "Bigots Island" by international media due to intense social and political hostility to LGBT rights up until the late 1990s, the state has subsequently been recognised for LGBT law reforms that have been described by activists such as Rodney Croome as among the most extensive and noteworthy in the world. Tasmania imposed the harshest penalties in the Western world for homosexual activity until 1997, when it was the last Australian jurisdiction to decriminalise homosexuality after a United Nations Human Rights Committee ruling, the passage of federal sexual privacy legislation and a High Court challenge to the state's anti-homosexuality laws. Following decriminalisation, social and political attitudes in the state rapidly shifted in favour of LGBT rights ahead of national trends with strong anti-LGBT discrimination laws passed in 1999, and the first state relationship registration scheme to include same-sex couples introduced in 2003. In 2019, Tasmania passed and implemented the world's most progressive gender-optional birth certificate laws. In July 2023, the Tasmanian government officially included and also added "asexual or asexuality".

<span class="mw-page-title-main">LGBT rights in Western Australia</span>

Lesbian, gay, bisexual and transgender (LGBT) rights in Western Australia have seen significant progress since the beginning of the 21st century, with male sex acts legal since 1990 and the state parliament passing comprehensive law reforms in 2002. The state decriminalised male homosexual acts in 1990 and was the first to grant full adoption rights to LGBT couples in 2002.

<span class="mw-page-title-main">LGBT rights in the Northern Territory</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Australia's Northern Territory have the same legal rights as non-LGBT people. The liberalisation of the rights of lesbian, gay, bisexual and transgender (LGBT) people in Australia's Northern Territory has been a gradual process. Homosexual activity was legalised in 1983, with an equal age of consent since 2003. Same-sex couples are recognised as de facto relationships. There was no local civil union or domestic partnership registration scheme before the introduction of nationwide same-sex marriage in December 2017, following the passage of the Marriage Amendment Act 2017 by the Australian Parliament. The 2017 Australian Marriage Law Postal Survey, designed to gauge public support for same-sex marriage in Australia, returned a 60.6% "Yes" response in the territory. LGBT people are protected from discrimination by both territory and federal law, though the territory's hate crime law does not cover sexual orientation or gender identity. The territory was the last jurisdiction in Australia to legally allow same-sex couples to adopt children.

<span class="mw-page-title-main">LGBT rights in the Australian Capital Territory</span>

The Australian Capital Territory (ACT) is one of Australia's leading jurisdictions with respect to the rights of lesbian, gay, bisexual, and transgender (LGBT) people. The ACT has made a number of reforms to territory law designed to prevent discrimination of LGBT people; it was the only state or territory jurisdiction in Australia to pass a law for same-sex marriage, which was later overturned by the High Court of Australia. The Australian Capital Territory, Victoria and Queensland are the only jurisdictions within Australia to legally ban conversion therapy on children. The ACT's laws also apply to the smaller Jervis Bay Territory.

References

  1. 1 2 3 4 5 6 Queer History New Zealand Gay, Lesbian, Bisexual and Transgender New Zealand History PART 4 – Before Homosexual Law Reform
  2. 1 2 Queer History New Zealand Gay, Lesbian, Bisexual and Transgender New Zealand History PART 5 – From Law Reform to the present
  3. 1 2 3 Setting the scene: Homosexual Law Reform in New Zealand
  4. Birth of the gay movement – homosexual law reform
  5. Stokes, Melissa (2 December 2023). "Newsmakers: The Labour MP who fought to decriminalise gay sex in NZ". 1 News . Retrieved 3 December 2023.
  6. "Petition against law reform". Te Ara: The Encyclopedia of New Zealand . Retrieved 6 December 2023.
  7. Dudding, Adam (30 June 2016). "Thirty years on from NZ's tumultuous gay law reform bill". Stuff. Retrieved 5 December 2023.
  8. "Gay law reform: a tactics masterclass".
  9. Bassett, Michael (2008). Working with David: Inside the Lange Cabinet. Auckland: Hodder Moa. p. 192. ISBN   978-1-86971-094-1.
  10. "Homosexual Law Reform Act". Archived from the original on 31 March 2018.
  11. "Marriage (Definition of Marriage) Amendment Bill – New Zealand Parliament". New Zealand Parliament . Archived from the original on 10 November 2019. Retrieved 31 July 2023.
  12. "Bills (proposed laws)" . Retrieved 31 July 2023.
  13. Gledhill, Kris. "Legislation note: Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018" (2018) NZCrimLawRw 2; (2018) NZCLR 2. New Zealand Criminal Law Review. New Zealand Legal Information Institute.
  14. (14 September 1985). Petition against homosexual law reform presented at Parliament, Wellington, New Zealand. Reference EP/1985/4285/25-F. National Library of New Zealand.
  15. Homosexual law reform – Reforming the law (Page 4). Ministry for Culture and Heritage
  16. Brickell, Chris. (2018). Gay Men‘s Lives – Gay activism and law reform: Petition against law reform. Te Ara: The Encyclopedia of New Zealand. (accessed 31 July 2023
  17. Hutson, Ian (Salvation Army Officer) © 2002, updated October 2017. THE SALVATION ARMY AND THE 1986 HOMOSEXUAL REFORM BILL IN NEW ZEALAND. The Salvation Army.
  18. (2012). SALVATION ARMY – A SIGNIFICANT STEP FORWARD. Website: rainbowwellington.org.nz.
  19. Trevett, Claire (14 February 2013). "Departing veteran tells of regret over gay vote, MMP". The New Zealand Herald . p. A8. Retrieved 14 February 2013.

Bibliography