Tasmania’s gay couples are hopeful a new report will change the minds of MPs when the state’s same-sex marriage bill returns to parliament next week.

The island state made a bid to go it alone on gay marriage last year when its lower house became the first in the country to pass legislation.

It was narrowly defeated in the upper house with opponents concerned about its constitutionality and whether it left Tasmania open to a costly High Court challenge.

A Tasmania Law Reform Institute report produced in response has found no legal reason for states not to make laws on marriage.

But its authors do say there is no way to predict how the High Court would rule on a challenge, which could cost the state $300,000.

Same-sex marriage advocates have jumped on the report, saying they back a NSW parliamentary inquiry’s findings.

“A state parliament can legislate for same-sex marriage, we know that from this report,” Australian Marriage Equality chair and independent NSW MP Alex Greenwich told reporters in Hobart.

“What happens in the High Court is a decision for the High Court.

“As state parliamentarians, our role is to legislate for the people who elect us, and what they want in NSW and what they want in Tasmania is same-sex marriage.”

Mr Greenwich said the Tasmanian report should change the minds of the state’s Legislative Council members, who voted 8-6 against the reform last year.

“Everything from cost through to constitutionality has been covered in this report and it will give confidence to Tasmanian state MPs to be able to support the reform as well as other Australian MPs,” he said.

The Save Marriage Coalition, which opposes same-sex marriage, said the report changed nothing.

“The constitution clearly states that marriage is a matter for the federal parliament,” said spokesperson Guy Barnett.

“The constitution has not changed.”

Tasmania could still become the first state to allow gay marriage but may not be the county’s first jurisdiction to do so.

The ACT is expected to pass its bill within weeks, although the federal government is reportedly considering a challenge.

Tasmanian independent upper house member Ruth Forrest will move to reinstate the bill next Tuesday with the debate to take place in the final four sitting weeks of the year.

“(The report) may change their minds,” Ms Forrest said.

“It will give them the information they sought that wasn’t available previously.”

Author: David Beniuk
Publication: Hearld Sun
Source: AAP
Date: 10 October 2013