Constitutional expert upholds NSW right to legislate on same-sex marriage
NSW marriage equality advocates and the Human Rights Law Centre have released the latest findings from High Court barrister Bret Walker confirming the NSW Same-Sex Marriage Bill is constitutionally valid.
AME NSW co-convener, Dr Shirleene Robinson, said, "After seeing the joy and happiness that accompanied the passage of reform in the ACT yesterday, it's great that NSW is also moving ahead."
Robinson confirmed the advice they had received from Walker is the Bill is constitutionally sound and Robinson hoped this would go some way towards assuaging the fears of any NSW MPs who doubted their ability to pass legislation of this kind.
Robinson said she looked forward to NSW becoming the first state to allow same sex couples to marry.
The HRLC’s Director of Advocacy and Strategic Litigation, Anna Brown, said the advice gave the ‘green light’ for MPs to embrace same-sex marriage in NSW.
“Members of the NSW parliament can be confident in their authority to pursue same-sex marriage in their state. There is nothing in the Australian Constitution preventing the States taking a leadership role in this area,” said Ms Brown.