Page 3496 - Week 11 - Wednesday, 22 October 2014

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To that extent, I will move a further amendment which, without, in essence, changing any words, notes that the government supports same-sex marriage, is advocating strongly for same-sex marriage. I acknowledge that. But rather than ask that people in this Assembly who do not support same-sex marriage, which is their right and which I respect, call on the government to support such marriage—we would have a division amongst us, a divide, a split, essentially using this issue as a wedge—my amendments simply use the word “notes”:

the ACT Government’s support for changes to the Federal Marriage Act and its advocacy for changes in the Marriage Act 1961 …

It recognises that the government is strongly supporting the changes—exactly the same words. If that is what they want to do, that is their right to do it, and I am sure they will continue to do that.

I know that there are people who are leaders in the gay community who worry that what happened in this place with the legislation, with that whole debate previously, was not helpful. I would like to quote from Brian Greig who is a former Democrat and a veteran GLBT rights campaigner. I quote from what his view of the Labor-Greens legislation was. This is from a leader in that community:

The ACT gay marriage act is in deliberate breach of the constitution and is designed only to embarrass the Prime Minister …

Having now read the Australian Capital Territory’s Marriage Equality (Same Sex) Act 2013 I can reach no other conclusion than it is deliberately designed to fail. Far from being a genuine attempt to advance the cause of marriage equality, it seems little more than a political stunt aimed at trying to embarrass Prime Minister Tony Abbott.

It goes on:

This territory act so obviously breaches aspects of the federal constitution that it is impossible for me to believe it does so accidentally. The High Court will not dwell on this issue for long. It will not split in its decision. There will be no dissenting voices.

And that was the case. He continues:

So, what on earth is the ACT’s Lilliputian legislature up to?

For almost a decade the key lobby group pressing for change, Australian Marriage Equality, has been working diligently and apolitically towards bringing the nation forward. It has reached out across the crossbenches, winning support and confidence from both doubters and conservatives.

He talks about legal advice from Walker. Greig says:

Walker’s main point to equality reformers, without wanting to be too simplistic in interpreting his advice, is that the states and territories do in fact have the


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