Supporters of same-sex marriage law reform say they are dismayed and disappointed by a High Court decision which struck down the ACT legislation, but the issue appears certain to live on.
Hours after the High Court unanimously ruled that the ACT’s Marriage Equality (Same Sex) Act 2013 could not operate concurrently with the federal Marriage Act 1961, a bill to allow same-sex marriage was introduced to the Western Australian parliament by Greens MP Lynn MacLaren.
Ms MacLaren said she had introduced a bill that could survive a High Court challenge.
“I had a little help from my friends. One of Australia’s leading constitutional lawyers, George Williams AO, and Greens MPs with similar bills in other Australian states, have generously provided guidance,” she said.
“Same-sex couples in WA who want to be married could look forward to it next year if this bill passes.”
“This bill builds on momentum across Australia to close the gap of inequality once and for all.
“I believe that with the new WA Parliament we now have enough support to pass this legislation.”
Greens Senator Sarah Hanson-Young said the Greens would be putting forth a new same-sex marriage bill in the federal parliament as well.
“I am heartened that there are members from all parties who want to see this discrimination ended,” she said.
“This transcends the political divide.”
“Working together is the best way to get this done.”
She said the Greens would be open to co-sponsors on their proposed bill, and suggested Labor’s Louise Pratt and the Liberals’ Sue Boyce would be “excellent candidates” for co-sponsoring such a bill.
She described the High Court judgement as “devastating”.
“Hearts across Canberra will be breaking,” she said.
Hanson-Young called for the Coalition to have a free vote on the gay marriage issue.
Greens leader Christine Milne said she was disappointed that the ACT government did not take advice from constitutional experts that may have strengthened the same-sex marriage bill.
Federal Labor frontbencher Brendan O’Connor said the High Court was not entirely surprising, given the constitutional issues.
“The Liberal party like to make a big thing about being the party of conscience,” Mr O’Connor told reporters in Canberra.
“Well, you have this situation where the Labor party votes with its conscience on this issue and the Liberal party are bound by Mr Abbott’s position.”
Mr O’Connor said parliament may have to deal with the issue again, possibly in this term.
Supporters of gay marriage were dismayed by today’s High Court ruling.
“This is devastating for those couples who married this week and for their families,” Australian Marriage Equality national director Rodney Croome said shortly after the decision was handed down.
However, he said the ruling was just “a temporary defeat”.
Croome said the week had seen “a much greater victory”.
“And that victory was the nation saw for the first time, I believe, what is really at the core of this issue – they’ve seen that marriage equality is not about protest or politics or even about laws in the constitution, ultimately. Marriage equality is about love, commitment, family and fairness,” Croome said.
“There is not going back from that. That is a huge step forward and one from which there in no return.”
The decision had affirmed “for the first time ever” that the federal parliament had the power to pass same sex marriages laws, Croome said.
“That puts the ball firmly in the government’s court,” he said.
Choking with emotion, Mr Croome said he was proud of the couples who had got married in the ACT.
Australian Marriage Equality spokesman Ivan Hinton was one person who took advantage of the ACT laws, marrying his partner Chris Teoh in Canberra last weekend.
“I don’t want to be unmarried this afternoon,” he told reporters outside the High Court.
“There is so much enthusiasm for inclusion,” Mr Hinton said. “We will achieve marriage equality. It may happen on a state level … but there is definitely pressure on the federal government.”
“We need to legislate for everyone. And that’s something we are going to be working on.”
Another couple who were married in the ACT on Sunday said nobody could take their marriage away from them.
West Australian state Labor MP Stephen Dawson said he was disappointed by the decision, which came just six days after he and partner Dennis Liddelow made historic vows to each other.
They were the first same-sex couple to make use of the laws moments after they came into effect on Saturday, pledging to love each other in sickness and health in a ceremony outside Parliament House in the nation’s capital.
“My head was telling me that that could happen but my heart was hoping it didn’t,” Mr Dawson told AAP.
“I am disappointed for me and Dennis.”
Mr Dawson said he was also disappointed for the other gay and lesbian couples that wed on the weekend.
“I’m disappointed for thousands of people across Australia who hoped this was the start of the normalisation of their relationships, but the journey continues.
“This won’t be the end of it. People will campaign.”
Mr Dawson said polls showed more than 60 per cent of Australians supported marriage equality, so there was pressure on the federal parliament.
“It’s time they acted,” he said.
“Bill Shorten has come out previously and said he supports marriage equality, so the ball’s in Tony Abbott’s court now.”
Same-sex couples will have a five-day window to marry under ACT law, before the High Court makes a ruling.
Couples who have already tied the knot will have their unions annulled.
The Abbott government did not seek an injunction to prevent the marriages from taking place, meaning couples had a five-day window to wed from last weekend when the laws came into effect.
Some 15 couples took the opportunity last weekend and there had been more since but their unions will not stand.
The ACT Legislature passed the Marriage Equality Same Sex Act 2013 by 9 votes to 8 in October with the support of the Labor Government and its one Greens member.
Opposed by the Liberals, it was the first time such laws have been passed by an Australian Government and was met with raucous applause by a packed public gallery.
The laws were drafted to cover same sex couples only, leaving heterosexual marriages under the Federal Marriage Act.
Late amendments were made to strengthen the laws against a challenge after Attorney-General George Brandis indicated he would immediately challenge the legislation in the High Court.
Today, Christian protesters outside the court held signs condemning same-sex marriage.
“God’s word – Man and wife. Say no to gay marriage,” said one.
Lyle Shelton, managing director of Australian Christian Lobby, which opposes same-sex marriage, praised the court ruling and said common sense had prevailed.
As for the ruling’s impact on the newly-wedded couples, Shelton said it was “really sad that they were put in a position” in which they were allowed to marry before the court handed down its judgment.
“But I guess they knew as they went into these arrangements that the decision may not go their way,” he said.
Earlier today, ACT Chief Minister Katy Gallagher said any High Court decision to strike down the territory’s same-sex marriage laws would force the federal parliament to act.Ms Gallagher defended her government’s decision to initiate the landmark legislation.
“We think there has been a step forward in the marriage-equality debate,” she told ABC television.
“We only introduced our bill when the federal parliament failed to end discrimination several months ago,” Ms Gallagher said.
Same-Sex marriage has legal recognition in 18 countries as well as 16 U.S. states plus the District of Columbia.
Publication: news.com.au
Author: AFP
Date: 12 December 2013
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