Homosexual Law Reform Act
Encyclopedia
The New Zealand
Homosexual Law Reform Act 1986 is a law that legalised consensual sex
between men aged 16 and older. It removed the provisions of the Crimes Act 1961
that criminalised this behaviour.
in 1840 and adopted English law
making homosexual acts punishable by death. In 1893 the law was broadened to outlaw any sexual activity between men. Penalties included life imprisonment, hard labour and flogging. Sex between women has never been legally prohibited in New Zealand.
In 1961 the penalties for 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 homosexual sex. In 1968 a petition signed by 75 prominent citizens and calling for legislative change was presented to (and rejected by) parliament
.
The first parliamentary attempt at law reform was made in 1974, with National
MP Venn Young
's Crimes Amendment Bill. This would have legalised sexual activity between adults 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
.
MP Fran Wilde
in 1985. Originally, the bill had two parts - one decriminalised male homosexuality, while the other provided anti-discrimination law protections for lesbians and gay men. The first part passed narrowly (49 Ayes to 44 Noes) on 9 July 1986, after a vote was delayed on 2 July by George Gair
; the bill might have failed if a vote was taken then as several supporters were kept away from Wellington by bad weather. Gair supported the bill, although he thought some sections went "too far". The second part failed, but was incorporated into a supplementary order paper added to the New Zealand Human Rights Act 1993.
political activists such as the late Keith Hay
, Peter Tait and poiticians such as Norman Jones
(National MP for Invercargill), as well as the Coalition of Concerned Citizens
which they created to distribute a petition against the Act. According to Laurie Guy, many of the signatures on the petition were found to be faked, and therefore the petition in question was treated as fraudulent. While the Coalition of Concerned Citizens threatened 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.
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
Homosexual Law Reform Act 1986 is a law that legalised consensual sex
Sex
In biology, sex is a process of combining and mixing genetic traits, often resulting in the specialization of organisms into a male or female variety . Sexual reproduction involves combining specialized cells to form offspring that inherit traits from both parents...
between men aged 16 and older. It removed the provisions of the Crimes Act 1961
Crimes Act 1961
The Crimes Act 1961 is an Act of the Parliament of New Zealand administered by the Ministry of Justice.-Amendments:The Homosexual Law Reform Act 1986 amended the Crimes Act, allowing for consensual homosexual relationships between men....
that criminalised this behaviour.
Background
Homosexual sex became illegal in New Zealand when the country became part of the British EmpireBritish Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
in 1840 and adopted English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
making homosexual acts punishable by death. In 1893 the law was broadened to outlaw any sexual activity between men. Penalties included life imprisonment, hard labour and flogging. Sex between women has never been legally prohibited in New Zealand.
In 1961 the penalties for homosexual activity were reduced, reflecting changing attitudes towards homosexuality. Shortly afterward the Dorian Society
Dorian Society
The Dorian Society was the first New Zealand organisation for homosexual men. It was primarily a social club and avoided political action. In 1963 it took the first steps towards law reform by forming a legal subcommittee that collected books and other resources. It also provided legal advice to...
and later the Wolfenden Association were formed to campaign for legalisation of homosexual sex. In 1968 a petition signed by 75 prominent citizens and calling for legislative change was presented to (and rejected by) parliament
Parliament of New Zealand
The Parliament of New Zealand consists of the Queen of New Zealand and the New Zealand House of Representatives and, until 1951, the New Zealand Legislative Council. The House of Representatives is often referred to as "Parliament".The House of Representatives usually consists of 120 Members of...
.
The first parliamentary attempt at law reform was made in 1974, with National
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
MP Venn Young
Venn Young
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.-Early life:Young was born in Stratford, Taranaki...
's Crimes Amendment Bill. This would have legalised sexual activity between adults over the age of 21, but was defeated 34 to 29, with 23 abstentions. Warren Freer
Warren Freer
Warren Wilfred Freer was a New Zealand politician of the Labour Party.He represented the Mount Albert electorate in Parliament from 1947 to 1981, when he retired. He was only 26 when he entered Parliament in a by-election for the Mount Albert seat following the death of Arthur Richards, and he...
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
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
for gay and straight sex would perpetuate discrimination and homophobia
Homophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...
.
The Bill
The Act was introduced by LabourNew Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
MP Fran Wilde
Fran Wilde
The Honorable Fran Wilde QSO , is a New Zealand politician, and former Wellington Labour MP, Minister of Tourism and 31st Mayor of Wellington...
in 1985. Originally, the bill had two parts - one decriminalised male homosexuality, while the other provided anti-discrimination law protections for lesbians and gay men. The first part passed narrowly (49 Ayes to 44 Noes) on 9 July 1986, after a vote was delayed on 2 July by George Gair
George Gair
George Frederick Gair, CMG, QSO is a former New Zealand politician. He was once deputy leader of the National Party in the Parliament of New Zealand, and was considered by many to be a possible contender for the leadership itself...
; the bill might have failed if a vote was taken then as several supporters were kept away from Wellington by bad weather. Gair supported the bill, although he thought some sections went "too far". The second part failed, but was incorporated into a supplementary order paper added to the New Zealand Human Rights Act 1993.
Debate
The Act was subject to substantial debate, and faced fierce opposition from ChristianChristian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
political activists such as the late Keith Hay
Keith Hay
Keith Wilson Hay, CBE, was a New Zealand homebuilder, entrepreneur, local body politician and conservative Christian political activist....
, Peter Tait and poiticians such as Norman Jones
Norman Jones (politician)
Norman Philip Hastings Jones, QSM was a New Zealand National Party politician, who represented the seat of Invercargill in the Parliament of New Zealand from 1975 to 1987....
(National MP for Invercargill), as well as the Coalition of Concerned Citizens
Coalition of Concerned Citizens
The Coalition of Concerned Citizens was a New Zealand Christian conservative pressure group, and one of several attempts to form pro-censorship, anti-abortion, anti-gay and sex education opponents into a comprehensive social conservative political coalition...
which they created to distribute a petition against the Act. According to Laurie Guy, many of the signatures on the petition were found to be faked, and therefore the petition in question was treated as fraudulent. While the Coalition of Concerned Citizens threatened electoral reprisals, the Fourth Labour Government was returned for a second term of office, losing only one constituency seat to the National Party
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
Opposition in 1987.
See also
- LGBT New ZealandLGBT New ZealandNew Zealand society is generally fairly relaxed in acceptance of gays and lesbians. The gay-friendly environment is epitomised by the fact that there are several Members of Parliament who belong to the LGBT community, gay rights are protected by the New Zealand Human Rights Act, and same-sex...
- LGBT rights in New Zealand
- LGBT rights by country or territory