Experts say WA same-sex marriage bill better chance of surviving
Greens Legislative Council member Lynn Maclaren’s Same-Sex Marriage Bill, which was introduced to WA parliament on Thursday, has been given a better chance of surviving a High Court challenge after being examined by constitutional law expert George Williams.
Williams provided MacLaren with advice on the Bill to avoid the problems faced by the failed ACT legislation.
MacLaren's bill sets up a separate state classification for marriage. It also includes other changes recommended by Williams and other constitutional law specialists that were not made to the ACT bill, which was found to be inconsistent with the Federal Marriage Act
"The main problem was the ACT law set itself up as a full marriage equality law, it piggy-backed on the definition of marriage under the federal statute, it didn't set up a separate state classification for same-sex marriage," Professor Williams told the Sydney Morning Herald.
Maclaren’s Bill has no such hindrance.
It is believed both state Labor and Coalition MPs would be given a conscience vote on Bill.