John Howard and the Myths of the 2004 Marriage amendments

Posted on September 24, 2016 
Filed under Australia, Culture wars, Resources

Assoc Prof Neil FosterThe debates over redefining marriage in Australia have acquired in recent years some high profile “myths” or, to use the modern parlance, “memes”, which are regularly repeated.

One of the most enduring is that the battle for same sex marriage is impeded by a supposedly shocking set of amendments to the Marriage Act 1961 which were made by conservative Prime Minister John Howard in 2004.

To take some recent quotes which illustrate the points:

“It was the Howard Government that in 2004 changed the Marriage Act to specifically refer to marriage being “the union of a man and a woman,” locking out any possibility to include gay couples in the definition without a change in the law.”

“[T[his weekend marks the twelfth anniversary of John Howard’s amendments to the Australian Marriage Act. You know, those amendments that didn’t require a plebiscite? Those amendments that made it a legal requirement for celebrants to remind champagne-tipsy wedding parties around the country that marriage was between a man and a woman at the exclusion of all others?

handbook-for-marriage-celebrantsThere are two ‘myths’ being presented here…”

At Law and Religion Australia, Neil Foster tackles two oft-repeated myths

Myth 1: the 2004 amendments redefined marriage” and “Myth 2: Celebrants reading out the words”.