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Wednesday, 17 October 2012 00:00

State-based same-sex 'marriage'

Around Australia, a number of states, and the ACT, are considering Bills to legalise state-based 'same-sex marriage'. If you live in any of these states, it is important that we contact our MPs to let them know we oppose these moves and to ask them to vote against such legislation. See ACTION section below for link to MP contact details.

Our friend and colleague Augusto Zimmerman, who is Senior Lecturer in law at Murdoch University in WA, has just written an excellent article explaining why state-based same-sex marriage laws are unconstitutional. It has been published in News Weekly and we attach it for your information.
It is only two pages long - but it is essential reading!
State same-sex marriage laws are unconstitutional
by Augusto Zimmermann, News Weekly, October 13, 2012.

Tasmania
We recently reported that the Tasmanian Legislative Council had defeated a Bill for same-sex 'marriage' that had been co-sponsored by Labor Premier Lara Giddings and Greens leader Nick McKim - the Bill had previously passed the House of Assembly. 
The battle continues in Tasmania, with MLC Ruth Forrest, who supports same-sex 'marriage', putting a motion to the Tasmanian Legislative Council to have a parliamentary Committee investigate the legal and constitutional issues surrounding state-based same-sex 'marriage'. That motion will be debated this month (October 2012).
Media report.

This is the current situation regarding each of the proposals...

South Australia
The SA government is likely to debate a same-sex ‘marriage' Bill early in 2013- the Bill is co-sponsored by Labor MP Ian Hunter, an open homosexual, and Greens MP Tammy Franks. Labor Premier Jay Weatherill is said to be supporting the Bill and has said that Labor MPs will have a conscience vote.

Mr Hunter says that ‘the Gillard government’ is unlikely to challenge the law in the High Court - but that might just be his 'wishful thinking'!
Meanwhile, Greens Senator Sarah Hanson-Young is calling on the Prime Minister Julia Gillard NOT to challenge any ‘state-based same-sex marriage’ law in the High Court (see her media release). Read media report.

On 18 October, Independent MP Bob Such introduced a Bill for 'civil partnerships' into the lower House.
Read media report.

Western Australia
On September 13, 2012 the Greens in the WA parliament announced they plan to introduce a same-sex 'marriage' Bill. Read report.

Victoria
The Greens have introduced a Bill into the Legislative Council - it had its 'second reading' on June 6, 2012. Report.
Premier Ted Baillieu is not planning to allow a conscience vote on the Bill - Media report.

New South Wales
On 19 September, 2012 it was announced that all political Party leaders in NSW - namely Liberal Premier Barry O'Farrell, Nationals Leader Andrew Stoner, and Labor Opposition leader John Robertson - will allow their Members to have a conscience vote on a proposed same-sex 'marriage' Bill. 
The Bill is being prepared by a 'cross-party working group' made up of "Nationals MP Trevor Khan, Liberal MP Bruce Notley-Smith, the Greens' Cate Faehrmann, Labor's Penny Sharpe and Sydney independent Clover Moore." (Read media report.)
An article in The Australian on June 25, 2012 by Trevor Khan outlined why he is supporting same-sex 'marriage' (to encourage fidelity and commitment). He mentioned that Barry O'Farrell had already said he would allow a conscience vote for Liberal MPs.
The other four?
Cate Faehrmann - Greens everywhere seem to support same sex 'marriage'; Clover Moore consistently supports homosexual rights (she has just resigned from the parliament); Labor's Penny Sharpe is an open lesbian; and Liberal MP Bruce Notley-Smith is openly homosexual (read his own bio)!

Australian Capital Territory
The ACT has an election on 20 October.
On August 23, 2012 the ACT Legislative Assembly passed legislation to 'upgrade' their 'Civil Partnership' law to a 'Civil Union' law with a legally binding ceremony - in essence, the original Bill that was passed by the ACT government in 2006 but overturned by the Howard  Liberal government. (Media report and CT report) Read new Civil Unions Act.

But Labor is still planning on persisting with same-sex 'marriage' in the ACT.
A Report on Crikey said, "In a speech to the Diversity Coming Out Gala on the 31st of August, Andrew Barr said, "a re-elected ACT Labor Government will move quickly to introduce same-sex marriage legislation along the same lines as our Tasmanian colleagues."

ACTION

If you live in any of these states, or in the ACT, please contact your state MPs in both Houses to ask them to vote against state-based same-sex 'marriage'.
For MP contact details, click here and then choose your state in the column on the left of the page.

Last Updated on Tuesday, 23 October 2012 14:43