Australia's high court hears challenge to same-sex marriage vote

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Australia's high court hears challenge to same-sex marriage vote

By Colin Packham

 

Pedestrians walk past banners set up by the City of Sydney promoting the "yes" vote for gay marriage in Australia, in Sydney, Australia, September 1, 2017. REUTERS/Jason Reed

 

SYDNEY (Reuters) - Australia's high court on Tuesday began a hearing on the validity of a government plan for a postal vote to legalise same-sex marriage, a challenge that risks destabilising the ruling centre-right coalition.

 

If the court rules against the plan, Prime Minister Malcolm Turnbull could find himself presiding over a government fractured on the issue, endangering his razor-thin parliamentary majority of one.

 

With the non-compulsory vote a couple of weeks away, its opponents have launched a legal challenge, saying the vote needs the backing of parliament - which has twice rejected such a national ballot.

 

"This case is about dignity and equality for lesbian, gay, bisexual, transgender and intersex Australians," Anna Brown, director of legal advocacy at the Human Rights Law Centre, which leads the opposition to the vote, told reporters in Melbourne.

 

"We're here because we all believe and want marriage equality. This postal plebiscite has big question marks around its legal validity."

 

Conservative lawmakers have threatened to resign if the ballot policy is not adhered to, risking Turnbull's parliamentary majority.

 

But he may not be able to stick to the postal vote policy, as a group of liberal politicians has threatened to rebel and side with the opposition, which would probably end his tenure as leader, analysts say.

 

Turnbull supports same-sex marriage, as do two-thirds of Australians, but his party's conservative wing has threatened a revolt if he deviates from the policy of a national ballot.

 

Frustrated by the political impasse, a group of backbenchers this year said they were ready to vote with the opposition Labor Party to secure same-sex marriage, a plan only abandoned when Turnbull offered a postal vote.

 

While a rejection of the legal challenge offers a political solution, an increasingly vitriolic campaign forced Turnbull to urge both sides to show mutual respect.

 

Turnbull's plea has gone largely unheeded, however.

 

Opponents of same-sex marriage last week launched a contentious campaign advertisement that the government immediately rejected as inaccurate.

 

Since the postal vote is not a formal election it is not subject to the same rules on political advertisements, and activists fear a surge in malicious campaigning in the run-up.

 

"Our concern is around a sustained, intense campaign. It will make a question that should be a private matter between two people, a matter for public discussion," Elaine Pearson, director of New York-based Human Rights Watch, who supports same-sex marriage but opposes the national vote, told Reuters.

 

(Reporting by Colin Packham; Editing by Clarence Fernandez)

 

-- © Copyright Reuters 2017-09-05

[Thechook]

They are concerned that the poll isn't going to be in their favour and just want the government to pass it without getting the opinion of the public.  The same sex marriage people have been harassing and intimidating those that don't support them in a vile manner.  Taking out a Petition to have a doctor de registered because she had an opinion didn't help their cause and got more off side.  Wanting to replace fathers day with special persons day gets a lot of people off side also.

[Cats4ever]

Wasting $122m to keep a few religo right wingers happy is a disgrace. MPs are elected to do a job; they should do it.  Perhaps we could recover the money from their entitlements?

Keep it sensible & respectful.

[kamahele]

5 hours ago, Thechook said:

They are concerned that the poll isn't going to be in their favour and just want the government to pass it without getting the opinion of the public.  The same sex marriage people have been harassing and intimidating those that don't support them in a vile manner.  Taking out a Petition to have a doctor de registered because she had an opinion didn't help their cause and got more off side.  Wanting to replace fathers day with special persons day gets a lot of people off side also.

1. Why would a free country poll or vote on a civil rights issue?

2. Public polling shows about 2/3 of Australians are in favor gay marriage.

3. How exactly are the "same sex people...been harassing and intimidating those that don't support them in a vile manner"? By pointing out that they have vile or no morals? How does it compare to how gay people have been treated in Australia over the years? Would you categorize it as worse that the beatings, murders, arrests and intimidation that gay Australians have suffered just for being gay or for asking for equal rights?

[Thechook]

21 minutes ago, kamahele said:

1. Why would a free country poll or vote on a civil rights issue?

2. Public polling shows about 2/3 of Australians are in favor gay marriage.

3. How exactly are the "same sex people...been harassing and intimidating those that don't support them in a vile manner"? By pointing out that they have vile or no morals? How does it compare to how gay people have been treated in Australia over the years? Would you categorize it as worse that the beatings, murders, arrests and intimidation that gay Australians have suffered just for being gay or for asking for equal rights?

Actually the poll hasn't  been conducted yet, that's what this is about.  Papers will be sent out to all on the electoral role to say yes or no then if the majority is yes then it will go before parliament.  If majority is no then parliament will dump it and end of discussion.  To say 2/3 support it is rubbish when the question hasn't even been asked yet.

[Thechook]

Well the high court have handed down their verdict, the postal survey will go ahead next Tuesday.  The LGBTI and same sex marriage advocates tried to have it blocked because the were seriously concerned that the result wouldn't be in their favour and failed.  This is democracy and the people of Australia will decide if the parliament can put it to a vote and say yes to same sex marriage.  

[ELVIS123456]

On 9/6/2017 at 0:21 PM, Cats4ever said:

Wasting $122m to keep a few religo right wingers happy is a disgrace. MPs are elected to do a job; they should do it.  Perhaps we could recover the money from their entitlements?

Keep it sensible & respectful.

One of the election commitments made, in order to get elected, was to hold a vote on same-sex marriage. It is cheaper to hold an informal postal vote (not binding), than it is to hold a national referendum (binding).  If the majority vote yes, then it is inevitable that the Parliament will then hold a vote, and the laws will be changed.  If the majority vote no, then the issue will not go to a formal vote in Parliament. Let the people decide on such a contentious issue - that is what the Govt said it would do if elected - and they are doing it (Democracy). 

 

[Jdiddy]

Will be interesting to see how the silent majority "fuk you" vote influences things, as has been said above, this stopped being just about SSM a long time ago

[anon4546543]

This whole postal vote sham and scam is a huge waste of money. It has no impact on an outcome

as the ultra conservative right wing that controls the "liberal" government will block it in parliament.

I believe most Australians care little about marriage equality rights. But they will not block it, they don't

care one way or the other. It makes no difference to the majority of peoples lives.

 

It is the ultra right wing in politics, ultra threatened Christian institutions (the same ones trying to evade

payouts for paedophile activity) and sexually threatened insecure males and bikie types that

actively oppose marriage rights to gays. As I feel sure, most hetero secure men and women care

little about the issue. 

 

Polls suggest most people would allow it. The pollies need to do their duty, just pass the rights bill

and save the millions, probably billions that have been wasted over the years.

 But not going to happen, Australia has yet to realise just how a few ultra right wingers control the country.