[Greens-Media] New report finds States can say ‘I Do’ on Marriage Equality

[Franks, Office]

The news that a NSW Parliamentary Committee has concluded that States CAN indeed legislate for same-sex marriage in their jurisdiction is a welcome development, according to Greens’ Gender and Sexuality spokesperson, Tammy Franks.

Ms Franks noted that the Executive Summary of the report released today states:

“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.”

“This conclusion was what the Liberal Party was apparently waiting for before granting a conscience vote to their Members,” she said.

“Now we have this report, which matches the advice previously given by leading Constitutional law experts Professor George Williams from the University of New South Wales and Professor John Williams from the University of Adelaide, the path ahead is clear for the South Australian Parliament to legislate on marriage equality.

“South Australia now has a real opportunity to be the first Australian jurisdiction to take this important step and I trust that the NSW inquiry’s finding will see Opposition Leader Steven Marshall follow through on his pledge to grant Liberal Members a conscience vote when the issue to brought to a vote.

“The Greens will be ensuring all Members of Parliament are sent copies of the findings of the Report along with previous legal advice that, constitutional challenges notwithstanding, SA’s Parliament does have the power to legislate to remove discriminatory provisions that prevent same-sex couples from marrying their loved ones as they can do in an ever increasing number of jurisdictions across the world.

The Greens’ Marriage Equality Bill will be debated in the Upper House following the winter break and can still be revived in the Lower House if successful.

To arrange further comment contact Lauren Zwaans on 0457 549 938




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