Marriage equality advocates have challenged Prime Minister, Tony Abbott’s, assertion that “the Commonwealth has responsibility for marriage” by pointing out a NSW report which has said such a view is “an error of fact”.
Mr Abbott made the remarks today in response to the tabling of an ACT Government bill that will allow same-sex couples to legally marry for the first time in Australia.
Australian Marriage Equality acting national director, Ivan Hinton said,
“The Constitution is crystal clear that the power to make laws for marriage is shared between the federal, state and territory governments.”
“This means a state or territory can legislate for any type of marriage the Commonwealth does not legislate for, including same-sex marriage.”
“The myth that the Commonwealth has a monopoly on marriage was declared in a recent NSW parliamentary report to be ‘an error of fact’.”
“Constitutional experts like prof George Williams, agree that the power to make marriage laws is a shared power.”
Mr Hinton called on the federal government not to interfere with the ACT’s proposed law.
“If the federal government has seriously constitutional concerns they should air these in the High Court, rather than attempt to override the ACT directly.”
For more information contact Ivan Hinton on 0419 124 826.
Author: Ivan Hinton
Publication: AME Media Release
Date: 19 September 2013