[Greens-Media] Constitutional Law Expert Says 'I Do' to SA Marriage Equality Bill

[Franks, Office]

July 3, 2013

MEDIA RELEASE: Constitutional Law Expert Says 'I Do' to SA Marriage Equality Bill

Constitutional law expert Professor John Williams will tomorrow (Thursday) brief members of State Parliament about the legality of the new Same-Sex Marriage Bill 2013.

The expected advice from the University of Adelaide's Dean of Law that the states have the power to legislate in this area follows similar advice from leading New South Wales' constitutional lawyer, Professor George Williams.

Greens Gender & Sexuality spokesperson Tammy Franks MLC said the Liberal Opposition had been using the argument that the Same-Sex Marriage Bill 2013 could be ruled unconstitutional to avoid the subject.

"That argument simply doesn't wash," Ms Franks said.

"Even constitutional lawyers will have a diversity of opinions and we in Parliament cannot guarantee what the ruling would be, however we can guarantee with certainty that we will never know the outcome if we never test the law in the courts.

"Our responsibility as members of Parliament is not to second guess the High Court, but to advocate for our constituents and South Australians overwhelmingly support marriage equality."

Ms Franks said she would continue to call on the Liberal party to support a conscience vote on the Bill.

A New South Wales inquiry looking at whether states can legislate for same sex marriage is due to report late this month.

Ms Franks will tomorrow give notice that she will introduce the Same Sex Marriage Bill 2013 in the Upper House - the same Bill introduced by Labor MP Dr Susan Close in the Lower House on June 20.

Professor John Williams, Dr Close and Ms Franks will be available for comment on the steps outside Parliament House at 1.50pm tomorrow (Thursday).

Media enquiries - Lauren Zwaans ph: 0457 549 938

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