[Greens-Media] SA Liberals No Conscience Vote a Major Stumbling Block for Marriage Equality

[Franks, Office]

June 20, 2013

MEDIA RELEASE: SA Liberals No Conscience Vote a Major Stumbling Block for Marriage Equality

The Greens' Gender & Sexuality spokesperson Tammy Franks is calling on the South Australian Liberal party to allow a conscience vote on marriage equality not only in principle but also in practice.

The Same Sex Marriage Bill 2013, introduced by Labor MP Susan Close in the Lower House today, will be introduced by Ms Franks - who is co-sponsoring the Bill - in the Upper House next sitting week.

"Their claims that the law may be unconstitutional and that's why they won't have a conscience vote on this issue simply don't stand up to scrutiny," Ms Franks said.

"Ultimately we have a separation of powers between the Parliament and the courts and it is up to the Parliament to make the laws and the courts to test them.

"Constitutional lawyers will also have a diversity of opinions, in fact there are some who argue that it is the Federal Parliament who cannot legislate in this arena.

"We in Parliament cannot guarantee what the ruling would be, but we can all guarantee with certainty that we will never know that outcome if we never test the law in the courts.

"It would be arrogant and presumptuous of us not to proceed with this reform on the basis of predetermining that ruling.

"Our responsibility as members of Parliament is not to second guess the High Court, but to advocate for our constituents, be that for or against marriage equality, however without a conscience vote even this cannot happen.

"How can the Liberal party support a conscience vote in principle but not in practice?

"Last night the Marshall Liberal party allowed a conscience vote on a marriage equality motion, but they say at this stage they will not allow a vote on the Same Sex Marriage Bill.
"In essence this means they will not be able to back their words with real action for equality.

"South Australians overwhelmingly support marriage equality and this is our best chance to see the law change in the foreseeable future.

"Our state can lead the way and the time for action is now, but without the Liberals' allowing a conscience vote on this issue we will never see or hear true representation of the diversity of views in our Parliament, which is precisely what Parliaments are designed to do," Ms Franks concluded.

A NSW Parliamentary inquiry into the constitutionality of state same sex marriage legislation is due to report in late July.

Tammy Franks will be available for comment at 12.30pm today.

Media enquiries - Lauren Zwaans ph: 0457 549 938

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