Advocates to push for state marriage equality laws

Marriage equality advocates say they will push hard for laws allowing same-sex marriages now that a NSW parliamentary report has cleared the way by declaring such laws constitutional.

Australian marriage equality national director, Rodney Croome, said,

“We will be lobbying state MPs in earnest both in NSW and in those other states such as Tasmania and South Australia where reform has a good chance of passing.”

“The NSW report declaring there is no constitutional barrier to same-sex marriage laws removes the major obstacle that has blocked reform across several states until now.”

“I hope to see same-sex couples marrying in at least one state or territory by the end of the year.”

“Marriage equality at a federal level would be preferrable because it allows all Australian same-sex couples to marry, but as long as the federal parliament continues to balk at reform the states are the way forward.”

According to the report, issued by the NSW Upper House Socal Issues Committee yesterday,

“The Committee reached the conclusion that the New South Wales Parliament has the power to legislate on the topic of marriage, including same-sex marriage. However, if New South Wales chooses to exercise that power and enact a law for same-sex marriage, the law could be subject to challenge in the High Court of Australia. The outcome of such a case is uncertain and therefore equal marriage rights for all Australians may best be achieved under Commonwealth legislation.”

Mr Croome dismissed the Committee’s concern about a potential challenge to state laws.

“There’s no guarantee there would be a High Court challenge to a state law, and any federal amendment to allow same-sex marriages could also be subject to such a challenge.”

“It is the job of politicians to do what’s best for their constituents, not second-guess the courts.”

Mr Croome also welcomed the report’s dismissal of civil unions as a viable alternative to same-sex marriage at a state level.

“Civil unions can never be a substitute for full equality”, he said.

This week in South Australia a same-sex marriage bill was defeated in the state Lower House when the Liberals refused to allow a conscience vote due to concerns about the constitutionality of the bill.

Last year a Tasmanian same-sex marriage bill was defeated by just two votes in the state Upper House when some Upper House members expressed similar concerns.

State same-sex marriage bills have been tabled or foreshadowed in NSW, SA, Tasmania, Victoria, Western Australia and the ACT.

For a copy of the report, click here:
http://www.parliament.nsw.gov.au/prod/parlment/committee.nsf/0/0cf0942283181ebaca257bb4001e32d4/$FILE/Report%20-%2047%20-%20Same-sex%20marriage%20law%20in%20New%20South%20Wales.pdf

Australian Marriage Equality national director, Rodney Croome