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Way clear for same sex marriage, says expert
Updated Thu Aug 30, 2012 10:25am AEST
 HOTO: Prof Williams will brief upper house MPs on constitutional aspects of same-sex marriage laws. (Reuters: Rodolfo Buhrer, file photo) RELATED STORY: First step for gay marriage lawsRELATED STORY: MLC takes on gay marriage challengeRELATED STORY: Tasmania passes gay, de facto surrogacy bill
MAP: TAS
A constitutional law expert believes there are no impediments to Tasmania legislating for same-sex marriage.
The bill is expected to be passed today in the lower house with the support of Labor and the Greens but could face a bigger hurdle when it reaches the Legislative Council next month.
Professor George Williams, from the University of New South Wales, says Tasmanian same-sex marriage laws would be constitutionally valid.
"There's no doubt that laws on marriage can be passed by the Commonwealth and the states," he said.
"The only question is whether a Tasmanian law might be inconsistent with a Federal Marriage Act.
"My own view is that it would not be inconsistent and that Tasmania has good arguments it could put in the High Court but, of course, ultimately it's something only the High Court can answer."
Prof. Williams will brief upper house MPs this morning about the Australian Constitution in respect to marriage equality.
"[I'll be] explaining that laws for marriage have been passed in Australia by the states and the Commonwealth and, in fact, the states were the only tier of government that had marriage laws until 1961 and really trying to dispel some myths in this area that might get in the way of what I think addressing the right issues in this debate," he said.
"Those issues relate to whether it is appropriate now to recognise same-sex marriage in Tasmania." |
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发表于 14-9-2012 14:27:04
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