For broadcast on 2CH Sydney, 18 Aug 2013.
With the Prime Minister now locked in to legislating for same sex marriage within one hundred days of a September 7 election win, it’s worth pointing out that even a referendum that voted down gay marriage would not necessarily stop the States from enacting their own laws.
But as Labor MP Greg Donnelly observed in a dissenting statement attached to a recent report to the NSW Parliament:
it is naïve and wishful thinking to believe that with all the work and effort put in over the decades to create a single national framework, the Commonwealth would just sit idly by and allow a state to undo [a marriage law that] has been put into place for the benefit of all Australians…
Such legislation, if it were to pass the New South Wales Parliament, would most certainly be challenged. I believe that the High Court of Australia would find such a legislative initiative invalid and inoperative.
I’m Rod Benson for the NSW Council of Churches.