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SOUTH AUSTRALIA SEEKS TO LEGALISE GAY MARRIAGE
Bob Brown and ALP's Isobel Redmond
Advocates have welcomed a South Australian state marriage equality bill introduced by Greens MLC, Tammy Franks.
Ms Franks’ bill allowing same-sex couples to marry in South Australia mirrors similar legislation currently before the Tasmanian Parliament.
South Australian Liberal Party leader, Isobel Redmond, has promised a conscience vote on the bill, a position confirmed by Upper House Opposition Leader, Stephen Wade.
Australian Marriage Equality national convener, Alex Greenwich, said: “My hope is that the federal parliament will enact marriage equality this year, but if that doesn’t happen Tammy Franks’ bill is a timely reminder that the state parliaments are free to move forward on this important issue.”
“A South Australian Liberal conscience vote also sends a strong message to the federal Coalition about the importance of MPs voting according to their individual values.”
Tammy Franks said: “It’s the right time to end the Howard-imposed ban on same-sex marriage and send the right message on behalf of our same-sex attracted brothers, sisters, mothers and fathers, sons and daughters: Australians … want and deserve a fair go for all, regardless of their sexuality or gender.”
The federal parliament can pass laws about marriage and divorce. After the Howard government amended the Marriage Act so that marriage was defined, under that Act, as only “between a man and a woman,” leading constitutional experts, including Professor George Williams, have argued that there is nothing to prevent the states from legislating to allow same sex marriage.
For the bill to be enacted will require ALP support, which has not yet been forthcoming. If the bill is enacted it almost certainly will be the subject of a constitutional challenge in the High Court.
Stephen Page is a partner of Harrington Family Lawyers. www. harringtonfamilylawyers.com He is an accredited family law specialist and author of the Australian Gay and Lesbian law Blog http://lgbtlawblog.blogspot.com |