A vote on same-sex marriage is likely in Parliament’s Lower House tomorrow but the instigator of the legislation is not confident it will gain the approval of enough MPs.
Even if the Same Sex Marriage Bill 2013, introduced by Labor backbencher Susan Close, is defeated in the Lower House the issue will remain on Parliament’s agenda.
The Greens plan to introduce identical legislation in the Upper House today in a bid to keep the issue alive.
Dr Close’s Bill, introduced last month, would enable homosexual adults who marry in SA to be registered with the Births, Deaths and Marriages Office and receive a marriage certificate.
Dr Close said she had received legal advice that the SA Parliament was within its rights to pass the Bill but conceded it could face a High Court challenge if it succeeded.
At least 19 Lower House MPs are on the record as supporting gay marriage, including Premier Jay Weatherill and Opposition Leader Steven Marshall.
Labor MPs will be allowed a conscience vote on the Bill but Liberal MPs will be required to vote along party lines.
The party’s position to date has been that it would be unconstitutional for SA to legislate on the federal issue of marriage.
Dr Close said the Bill would struggle to get up if the Liberals did not change their position.
She said it was the No.1 order of business for MPs during Private Member’s time tomorrow.
They are expected to vote on whether to progress the Bill to the second reading stage, where they can debate its finer points.
However, if there is not enough support to get to this stage the Bill will fail.
After tomorrow’s sitting, Parliament breaks for six weeks.
In a bid to keep the issue alive after the winter break, Greens MLC Tammy Franks will introduce the same Bill to the Upper House this afternoon.
Last month Upper House MPs supported, by 11 votes to 10, a motion to commend the New Zealand government legalising gay marriage.
Ms Franks said she hoped that support would translate to a vote on the issue here.
Meanwhile, a NSW parliamentary committee has been examining whether states have the right to legislate over marriage.
The committee is expected to report either on Friday or Monday, after Parliament rises.
Ms Franks said she had hoped a vote here would be delayed until MPs could consider its findings.
Author: Lauren Novack
Publication: Hearld Sun
Date: 24 July 2013