- NSW LEGISLATIVE COUNCIL COMMITTEE CONFIDENT OF STATE’S ABILITY TO LEGISLATE FOR SAME-SEX MARRIAGE.
- ADVOCATES ASSERT, IN THE ABSENCE OF FEDERAL MOVEMENT, STATE LEGISLATORS HAVE RESPONSIBILITY TO ACT FOR THE BENEFIT OF THEIR CITIZENS.
Canberra’s marriage equality advocates welcomed the findings of the NSW Legislative Assembly Inquiry into state-based marriage laws for same sex couples that were released earlier today.
Australian Marriage Equality Deputy National Director and convener of ACT Marriage Equality, Ivan Hinton said,
“State and Territory legislators have long questioned the ability of the states to create marriage laws for same sex couples and today, with the findings from the NSW Inquiry, we have renewed confidence that marriage equality can also be achieved on a state and territory level.”
According to the report, issued by the NSW Upper House Social Issues Committee today,
“The Committee reached the conclusion that the New South Wales Parliament has the power to legislate on the topic of marriage, including same-sex marriage. However, if New South Wales chooses to exercise that power and enact a law for same-sex marriage, the law could be subject to challenge in the High Court of Australia. The outcome of such a case is uncertain and therefore equal marriage rights for all Australians may best be achieved under Commonwealth legislation.”
The report also dismissed alternatives like the ACT’s existing Civil Union scheme as a fair alternative to marriage.
Mr Hinton said, “The social recognition of marriage is undeniable and the committee acknowledges that and any system designed to intentionally prevent access to the socially recognised language of marriage will never achieve true equality”.
Mr Hinton said “With the Bureau of Statistics Census data, released yesterday, identifying the ACT as having the highest proportion of same sex couples in Australia the focus now turns to the ACT Government to renew its commitment to make Canberra the fairest, most inclusive community in Australia”.
“We now have a Legislative Assembly that has the numbers to support our own marriage equality bill as well as leadership and support from Federal Labor. We have never been in a better position to move on marriage equality as we now find ourselves.”
A copy of the report can be found here.
For more information contact Ivan Hinton on 0419 124 826 or Rodney Croome on 0409 010 668.