THE fight for same-sex marriage is set to return to centre stage in Tasmania after a move to re-ignite the debate in State Parliament.

The push for a second-round of the contentious debate follows new legal information that clarifies constitutional concerns raised by opposing MPs last year.

Murchison MLC Ruth Forrest will move a motion to re-introduce the Same Sex Marriage Bill for debate in the Upper House when it resumes on October 15.

Ms Forrest said a lot had changed since the original Bill was narrowly defeated in the Upper House last year and there was a better chance of success this time around.

When the Bill failed to pass the Upper House last September, one of the stumbling blocks was a concern that Tasmania did not have the constitutional right to change marriage legislation and could therefore attract a costly High Court challenge.

But Ms Forrest said those concerns should be alleviated by a recent report from a NSW parliamentary committee, which found states did have the constitutional right to legislate on marriage.

A Tasmanian Law Institute report is expected to be released next week to further clarify the issue.

“We are a state for a reason and we can make our own decisions,” Ms Forrest said.

She said public opinion was also continuing to move in favour of marriage equality.

“There has been significant change in people’s opinion worldwide, and nearly everyone I speak to says this is inevitable,” she said.

In the past year, same-sex marriage has been made legal in New Zealand, France and the United Kingdom.

The race is on for Tasmania to be the first jurisdiction in Australia to legalise same-sex marriage, with the ACT likely to do so later this year.

Gay rights activists say the first state or territory to legalise same-sex marriage will enjoy an economic boom from couples grabbing the chance.

National Marriage Equality deputy director Ivan Hinton said the ACT Bill did have the numbers, but even if it did Tasmania would still be a popular venue.

Ms Forrest said marriage equality was a “social justice issue, not a moral issue”.

Greens Leader Nick McKim welcomed the reprise.

“We are really hoping that all MLCs will be prepared to approach this issue again with fresh eyes and an open heart,” he said.

Tasmanians United for Marriage Equality convener Andrew Badcock said campaigning had already begun, with a petition posted on the Legislative Council website yesterday.

“The general sentiment is that same-sex marriage will happen, it’s just a question of when,” he said. “Hopefully Tasmania will lead the way. I am more confident this time.”

Mr Hinton said it was a tragedy that so many Australians were being forced to wed overseas.

The Australian Christian Lobby’s Tasmanian director Mark Brown said people were “sick and tired” of the debate and it was time to move on.

Author: Anne Mather
Publication: Hearld Sun
Date: 5 October 2013