LEGISLATIVE counsellors against state same-sex marriage laws are not yet convinced that new information will change the constitutional uncertainty which prevented the last bill from passing.
Murchison MLC Ruth Forrest will move a motion on Tuesday to see if MLCS support the opportunity for the Same Sex Marriage Bill to be debated again.
Ms Forrest said a report from the Law Reform Institute to be released next week would provide new information on the constitutional concerns raised by members in the last debate.
It will follow a New South Wales parliamentary inquiry on the issue that found states did have the right to make same-sex marriage legal.
Windermere MLC Ivan Dean said he remained against a re-examination of the issue.
“I realise that other people have looked at this and other lawyers have a position on this issue, and it is so much up in the air that nobody knows what is going on, but without a doubt, it is a federal issue,” Mr Dean said.
“We have dealt with this matter not that long ago, and it should not be coming back now.”
The Examiner understands that no MLCS have changed their mind since the last bill was defeated, eight to six.
But Ms Forrest said the new information would address the previous concerns of members looking at the risks and costs of a High Court challenge.
In light of this, Ms Forrest said she hoped MLCs would allow the opportunity for debate.
“It is not support for the bill but respect for the process, that this information that was needed last time is now available, and we give it another chance,” Ms Forrest said.
Mersey MLC Michael Gaffney said if a bill were passed, the risk of a High Court challenge was one that needed to be taken for social change.
“If a report comes out that proves that it can be done by the states, I think to a large degree that nullifies the argument that it is more appropriate at a federal level,” he said.
Email ibird@examiner.com.au
Author: Isabel Bird
Publication: The Examiner
Date: 5 October 2013