Gender & Sexuality
Freedoms & Public Christianity
Sexualisation of Society
Poverty and Justice
Pages tagged "redefine marriage"
High Court challenge into same-sex marriage bill could happen in Dec
· October 28, 2013 11:00 AM
The High Court hearing into the ACT's Marriage Equality (Same-Sex) Bill could begin as early as December according to Chief Justice Robert French.
At last Friday’s direction hearing into the challenge, which was attended by ACL staff, Chief Justice French adjourned the directions hearing until the 4th of November but signalled he was working towards having the case heard when the full court sits from the 3rd to 6th of December.
The ACT laws for same-sex ‘marriage’ are set to come into effect on the 7th of November and can be conducted a month later on the 7th of December.
Last week, Prime Minister Tony Abbott suggested that same-sex couples wait for the High Court to rule whether the legislation is valid before marrying in the ACT.
On Tuesday 22nd October, the ACT became the first jurisdiction in Australia to legislate for same-sex marriage. The federal government is challenging the law in the High Court, arguing its inconsistency with the Commonwealth Marriage Act.
The ACT has until 1st November to file its defence to the Commonwealth's challenge.
The ACL has long advocated for traditional marriage as between a man and a woman. It provides a natural, timeless and sustainable foundation for our society. The Commonwealth Marriage Act did not invent marriage, rather it recognises and protects something that has existed since the beginning of history.
Marriage serves as the best, most stable environment where society can nurture and protect its next generation. Marriage and family are intrinsically linked to human existence and human flourishing. This is not to say that single people don’t contribute to society. Instead it merely recognises that every child owes their existence to a mum and a dad.
Furthermore, redefining marriage has religious liberty implications. The ACT government has continued to say that religious freedoms are protected under this legislation – that no minister of religion will be required to solemnise a marriage, nor will any church or place of worship be required to host a ceremony. However, this fails to acknowledge that there’s no stopping an action being taken against a minister under the Discrimination Act or Human Rights Act as churches are generally public places.
MR: Nothing new in Tas law report on same-sex marriage
· October 10, 2013 11:00 AM
Thursday, 10th October 2013
The Australian Christian Lobby said today’s
released by the Tasmanian Law Reform Institute does not shed any new light on the legal complexities surrounding same-sex marriage.
“The report tells us what we already know – that there is much diversity of opinion in the legal fraternity about the constitutionality of a state-based same-sex marriage law,” said ACL’s Tasmanian State Director Mark Brown.
“This comes after last week’s news reports about advice the Solicitor-General’s Office gave to the federal government that the ACT Marriage Equality Bill would be unconstitutional if passed,” he said.
“This report highlights the uncertain constitutional validity of state-based legislation and the high probably that such legislation will have to be ruled upon by the High Court.
“When given the opportunity to pass a same-sex marriage bill in Tasmania last September, the Tasmanian parliament voted it down.
“Nothing in the report is likely to sway Tasmania’s Legislative Council Members (MLCs) to pursue the unprecedented move to reintroduce an already defeated bill.
“It simply repeats and summarises the arguments on both sides, including many arguments given to the Tasmanian Parliament last year, and emphasises the uncertainty of the issue,” he said.
Mr Brown questioned why disproportionate resources are being devoted to this issue.
“Legislative Council President Jim Wilkinson said Ruth Forrest’s motion to reintroduce last year’s failed bill was a first in his 18 years in parliament and he would not be supporting it. Other MLCs have commented about the huge backlog of existing legislation before the upper house.
“Legislation by attrition is not good democracy. Parliament had debated this issue a year ago notwithstanding the bill put before federal government last year which was also voted down,” he said.
Lawyer Christopher Brohier on the Political Spot about ACT gay marriage bill
· September 24, 2013 10:00 AM
Christopher Brohier is a lawyer from the group Lawyers for the Preservation of the Definition of Marriage. In this interview with the ACL's Katherine Spackman he talks about the ACT bill introduced in the territory recently to have 'gay marriage'. Mr Brohier believes the bill is unconstitutional and is likely to be challenged.
NSW same-sex marriage inquiry told state doesn't have power to redefine marriage
· March 07, 2013 11:00 AM
A NSW parliamentary inquiry into same-sex marriage has been told the state government doesn't have the power to redefine marriage.
The NSW Parliament's Social Issues Committee held its first public hearings in Sydney yesterday. The Committee heard evidence from eminent constitutional and family law experts from across Australia.
University of Sydney law professor Patrick Parkinson told the inquiry the state government, "could not deliver what the [same-sex marriage] advocates want it to deliver."
Witnesses at yesterday's hearing described the serious and significant legal impediments preventing states from trying to go-it-alone on marriage laws.
A number of witnesses referred to a 2004 amendment to the federal Marriage Act which defined marriage as the union of a man and a woman. They argued the federal parliament had sought to "cover the field" and there was no room for states to redefine marriage.
Last year the Tasmanian parliament rejected a bill that sought to redefine marriage in that state. South Australia is also considering similar legislation.
The NSW inquiry will hold its second and final public hearing next week and is expected to present its final report by July 2013.
Sign in with Facebook
Sign in with Twitter
Sign in with Email
Optional email code
Get instant access to news about political issues facing christians