The ACT Labor government has called on the federal wing of the party to vote as one against any attempts by Tony Abbott to override its gay marriage laws.
The prime minister-designate faces an immediate test on marriage equality, with the ACT Labor government intending to introduce the Marriage Equality Bill 2013 in the Legislative Assembly this week.
The Australian understands that the Abbott government is keeping an open mind on the laws, waiting to see how the bill is worded before deciding whether to intervene.
ACT Attorney-General Simon Corbell told The Australian he would urge federal Labor to vote as one against any moves to stamp out his government’s proposed laws, rather than allowing a conscience vote.
“I would take the view that my federal colleagues should do what they have previously done, which is recognise that these are matters for the territory to decide for itself,” he said. “This is not about same-sex marriage — this is about the ability of the territory to legislate for its own affairs.”
He said there were other bills before several state parliaments and that “no one is talking about overriding those laws. There is certainly discussion about whether or not they’ll end up in the High Court . . . and if there is a question about the constitutionality of the law, that’s a matter for the High Court to determine.”
Labor and the Greens could vote together in the Senate to prevent the laws being overridden; but if Labor takes a conscience vote, the outcome is not so clear.
The Greens yesterday said they would block any attempt by Mr Abbott to strip ACT marriage equality legislation.
“Marriage equality looks set to become reality in the territory by the end of the year,” Greens senator Sarah Hanson-Young said. “Tony Abbott needs to listen to the overwhelming support for equality rather than bowing to pressure from groups like the Australian Christian Lobby.”
She said the Greens’ self-government legislation, passed by the previous government, had “Abbott-proofed” the issue by requiring the approval of federal parliament before ACT legislation could be overruled.
“The Greens will stand up to any attempts to dismantle equality in the ACT. It’s time to stop delaying the inevitable — support marriage equality for all Australians.”
“The Marriage Equality Bill will establish a territory-based scheme which allows same-sex couples to solemnise a same-sex marriage before an authorised celebrant,” Mr Corbell said.
The bill does not propose a residency requirement. The ACT government’s position is that the bill is within the power of the ACT Legislative Assembly to pass.
The bill applies only to people who cannot marry under the commonwealth Marriage Act, and is therefore compatible with commonwealth law, as provided for in Section 28 of the Australian Capital Territory (Self Government) Act 1988.
Author: Patricia Karvelas
Publication: The Australian
Date 17 September 2013