While federal marriage law reform continues to dominate Australian media headlines state-based legislation is quietly moving along in case the federal campaign fails.

Sydney MP Clover Moore asked the O’Farrell state Government earlier this month to outline its stance on the issue of state-sponsored marriage legislation.

Last year, following expert constitutional law advice that since federal law prohibits same-sex marriage, there is nothing stopping the state’s from developing separate but inclusive marriage legislation, Tasmania and South Australia immediately took up the challenge.

Tasmania led the charge with Greens MP Nick McKim re-introducing his same-sex marriage bill.

South Australia followed shortly afterwards with Greens MLC Tammy Franks introducing a private members bill, which was co-sponsored by Labor MLC Ian Hunter.

Hunter proposed the legislation in parliament “to kick the debate along” in the federal arena despite his preferred option being for one marriage law across the country, he told City Voice.

Hunter said it would not be ideal to have numerous marriage laws across different jurisdictions.

Moore posed questions to former NSW Labor Attorney-General John Hatzistergos last October over whether it had sought advice or assessed the legal options for same-sex marriage in NSW and what action it “would provide for improved recognition of same-sex relationships and marriage”.

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