Rachel Cook

The Greens have announced their intention to introduce legislation allowing same-sex marriage in Tasmania.

“If we are fair dinkum about removing discrimination we should give all Tasmanians access to the fundamental institutions of our society, including marriage,” Greens Deputy Leader, MP Nick McKim, said in a press release.

McKim is acting on advice from constitutional expert Professor George Williams, from the University of New South Wales, who believes that there is no constitutional barrier to a state legislating to create a same-sex marriage system.

In an essay on Online Opinion, Williams writes: ‘The Constitution does not give the Commonwealth exclusive power in the area. It is structured on the basis that laws on marriage…can be passed by both the Commonwealth and the states.’

However, Geoffrey Lindell, a Professorial Fellow in Law at the University of Melbourne, says he doubts whether Williams’ view on the matter is correct.

“The Federal Marriage Act has exhaustively indicated what can be called a marriage,” Lindell told MCV. “When there is conflict between state law and federal law, state law has to give way to federal law.”

However, gay rights activist Rodney Croome hopes that the government will send the legislation to an inquiry, and believes it is unlikely that Prime Minster Rudd will veto the Bill.

“If the Federal Government wanted to override these laws it would have to amend the Marriage Act to establish some kind of inconsistency between Federal and State law, and then it would be resolved in the High Court.”

The bill, which will also provide adoption rights, will be tabled in the Tasmanian parliament on July 1.

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