PM to Seek Legal Advice on ACT’s Marriage Laws

The Prime Minister has declared that the federal Coalition will be seeking legal advice on the ACT’s marriage bill that was introduced today.

Mr Abbott responded to the territory’s move on same sex marriage legislation saying;

“The ACT is entitled to do what it can within the law,” said Mr Abbott.

“And, as you know, under the constitution the Commonwealth has responsibility for marriage. The attorney will be seeking advice on precisely how far that extends.”

The responsibility of investigating the legality of the legislation will fall to the newly appointed federal Attorney General, Senator George Brandis.

The Deputy Director of Australian Marriage Equality, Ivan Hinton, disagrees with the Prime Minister’s assertion that marriage is solely an area for the federal government.

“The Constitution is crystal clear that the power to make laws for marriage is shared between the federal, state and territory governments,” said Mr Hinton.

“This means a state or territory can legislate for any type of marriage the Commonwealth does not legislate for, including same-sex marriage.”

“The myth that the Commonwealth has a monopoly on marriage was declared in a recent NSW parliamentary report to be ‘an error of fact’.”

Introducing the legislation into the territory’s parliament ACT Attorney General Simon Cordell said, “Gender does not determine the value of a person and it must not held to determine the value of a relationship.”

OIP Staff