If the plan to hold a nation wide postal survey on marriage equality is ruled invalid by the High Court, the government may bring the plebiscite legislation before the senate for a third time.

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Liberal MP Craig Kelly has told Fairfax Media that he believes the other party’s support for a plebiscite has changed now that they’ve got involved in active campaigning for the Yes vote through the postal survey process.

Speaking to The Sydney Morning Herald Kelly said politicians opposed to the plebiscite would now be obligated to support the government’s original plan.

“We’ve gone so far down the track of having a vote, it now generally seems to be accepted,” Kelly said. “The crossbench senators that previously said ‘no’ … I think now that all this water’s under the bridge, I think there could be an obligation on them to change their tune.”

The High Court is currently listening to two challenges to the government’s marriage postal survey plan that claim the process employed by the Turnbull government is constitutionally invalid. A decision could be reached as early as Wednesday on the future of the postal survey.

While the government has declared its confident that they will win the case, Kelly has outlined that Plan C is to bring back the failed plebiscite legislation.

Prime Minister Malcolm Turnbull has ruled out allowing a free vote on the issue, saying marriage legislation would not be brought before parliament until all Australians had voted on the issue.

OIP Staff