Former High Court judge Michael Kirby says he longs for the day when gay marriage is legal but he and his partner Johan van Vloten probably wouldn’t tie the knot.

Mr Kirby, whose biography Michael Kirby – Paradoxes and Principles by law academic Professor AJ Brown has just been released, said he would love to live to see the day where a leader of the country declared this a matter of the rights of citizens to equality.

“As it happens…Johan and I probably wouldn’t get married,” he told ABC radio.

“After all our engagement has gone on for 42 years so it’s getting a bit late in the day. But it ought to be there for those who want it.

“Religion should butt out of this. This is a matter of the civil rights of fellow citizens and it’s really not acceptable to deprive fellow citizens on the grounds of the religious views of some.”

Mr Kirby said Australia hadn’t reached nirvana yet for gay people and had a long way to go.

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