In case our federal representatives fail to represent the strong support for marriage equality when they vote on the matter later this year, we know their state Coalition and Labor colleagues are ready to.
The obvious question to ask is, ‘Can this happen?’ According to constitutional expert George Williams the answer is yes. Up until 1961 marriage laws were state laws and when the federal Marriage Act came in 1961, marriage became a federal power held concurrently with the states under Section 51 of the constitution. As such, states can legislate for areas not covered by federal powers (similar to what happens with industrial relations legislation).
Alex Greenwich is the National Convenor of Australian Marriage Equality.