• 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.

Melbourne’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 Convener of Victorian Marriage Equality, Tim Peppard 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 Peppard 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”.

A copy of the report can be found here.

For more information contact Tim Peppard on 0438 380 000 or Rodney Croome on 0409 010 668.

Author: Tim Peppard
Publication: AME MEdia Release
Date: 26 July 2013