Saturday 27 July 2013

NSW closer to gay marriage

Australian states have had one failure after another with marriage equality. Years ago the ACT (Australian Capitol Territory) went ahead and legalised it, and for a time same sex couples could get married there. Unfortunately that fossil John Howard used his position in Canberra's ruling party to overturn it, can't remember the details. Lately we've had marriage equality biting the dust in both Tasmania (by only one vote I think) and South Australia.

Now however, it may be that the great state of New South Wales may just get marriage equality over the line. The NSW Premier Barry O'Farrel has said that he will "go it alone" if an enquiry showed that it was constitutional to do so, and (unlike his fellow leader Tony Abbott in the federal parliament) he will allow a conscience vote for his party members.

The findings of the cross party inquiry looking into whether gay marriage would be constitutional if NSW "goes it alone" has been released. They have found that it is indeed constitutional:
Premier Barry O'Farrell has previously said he would prefer federal parliament to change the Marriage Act. 

But he said he would be prepared to go it alone if the inquiry found the state can act by itself. 

He's promised a conscience vote on the issue, with a revised bill expected to be introduced in the next session of parliament. 

On Friday, the report from the Social Issues Committee Inquiry found it was constitutionally valid for NSW to legislate on same-sex marriage. 

However, it warned such a move could trigger a challenge in the High Court. 

The findings put to rest arguments that federal parliament has sole responsibility for marriage equality laws, and that progressing same-sex marriage isn't a matter for the states. 
In a statement, the cross-party working group - comprised of MPs from across the political spectrum including Labor, Liberal, the Greens and an independent - welcomed the findings. more
I'm not holding my breath after all the disappointments, but this one is starting to look pretty promising.

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