States don’t have power to redefine marriage

Broadcast on 2CH Sydney, 10 Mar 2013

A NSW Parliamentary inquiry into same sex marriage law last week received thousands of submissions for and against gay marriage from the public, community and religious organisations and lobby groups, smashing the previous record of 2500 submissions.

This week the inquiry held hearings on the proposed introduction of gay marriage laws in NSW, with the committee hearing evidence from University of Sydney law professor Patrick Parkinson that the state government “could not deliver what the [same-sex marriage] advocates want it to deliver.”

A number of witnesses argued the federal parliament had sought to “cover the field” and there was no room for states to redefine marriage.

If the O’Farrell Government gives a green light to same sex marriage laws, the state faces significant costs in defending a high court appeal on constitutional grounds. Similar laws were rejected in the federal parliament and Tasmania last year, and are under consideration in South Australia.

I’m Rod Benson for the NSW Council of Churches.