NSW Premier Barry O’Farrell says he will allow marriage equality to be subject to a conscience vote in the lower house irrespective of who’s in power at a federal level.

He also rejected the suggestion he should have sought a mandate from the electorate before allowing such a move, saying it wasn’t on the political agenda until recently.

“I do find myself having changed my mind this term,” he told budget estimates on Friday.

The premier said his opinion on marriage equality altered in the aftermath of the vote in New Zealand parliament.

But he repeated that his preference is for any change to happen at a national level.

Answering a question from Christian Democrat Leader Fred Nile, Mr O’Farrell said he had concerns that any move to approve gay marriage at a state level would raise legal questions about what happens in the event of a break-up.

“Not every relationship, not even same-sex relationships, ends as a fairytale,” he said.

“If NSW went it alone, if it was permissible here … how would we handle a subsequent break-up?”

He also pointed out it could be subject to a High Court challenge.

Asked by Rev Nile whether he would be willing to review his position on allowing a conscience vote given the situation federally, Mr O’Farrell said there were different party rules between the federal and state parties.

“We have a very strong tradition in NSW in relation to social legislation that does enable and provide for a conscience vote,” he said.

“I think conscience votes are a good thing not a bad thing.”

Prime Minister Kevin Rudd has pledged to introduce a bill to legalise same-sex marriage within 100 days of taking office and allow MPs a conscience vote.

The coalition supports the standard definition of marriage as that between a man and a woman, and opposes changing the Marriage Act.

Author:AAP
Publication: Herald Sun
Date: 16 August 2013