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Thread: The Gay Marriage Debate

  1. #466
    Hall of Fame Member Son Of Coco's Avatar
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    Quote Originally Posted by Dan View Post
    The ACT passed it earlier on today. There is now one reason to go to Canberra.

    Until it's challenged for being in contradiction to Federal law, that is. More a symbolic move than an actual legal one, I guess.
    I assume Tony and the crew also took climate change to the High Court to get rid of that.
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  2. #467
    Dan
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    Quote Originally Posted by Son Of Coco View Post
    I assume Tony and the crew also took climate change to the High Court to get rid of that.
    Abbott actually accepted its existence the other day. Argued it didn't have anything to do with the NSW bushfires, however. So it exists and has to be stopped, but does nothing as far as he's concerned.

    NSW apparently planning to introduce same-sex marriage laws as well, and by the sounds of things they should stand up in court as being constitutional.

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    Quote Originally Posted by Dan View Post
    Abbott actually accepted its existence the other day. Argued it didn't have anything to do with the NSW bushfires, however. So it exists and has to be stopped, but does nothing as far as he's concerned.

    NSW apparently planning to introduce same-sex marriage laws as well, and by the sounds of things they should stand up in court as being constitutional.
    I'm no legal expert but far as I know there is absolutely no constitutional reason for NSW or the ACT to be prevented from having their own marriage laws. The constitution grants legislative powers to the Commonwealth on the subject of marriage, however the Commonwealth is currently using that legislative power to say they won't over-rule state or territory legislation. They could change that law of course but the irony in them having to essentially redefine marriage in order to prevent same sex marriage would be far too delicious.
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    Virat Kohli (c) Jono's Avatar
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    FamilyVoice Australia sends press release saying gay marriage will confuse tradies | News.com.au



    ****ing hilarious. Honestly its so good seeing nut jobs try to go down swinging.


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    what other things confuse tradies
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    Legalise same sex components!
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    Hall of Fame Member Son Of Coco's Avatar
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    Quote Originally Posted by Dan View Post
    Abbott actually accepted its existence the other day. Argued it didn't have anything to do with the NSW bushfires, however. So it exists and has to be stopped, but does nothing as far as he's concerned.

    NSW apparently planning to introduce same-sex marriage laws as well, and by the sounds of things they should stand up in court as being constitutional.
    It bears an interesting parallel to his policy on it.

  9. #474
    Global Moderator Spark's Avatar
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    Related to an earlier discussion:

    High Court paves the way for same-sex marriage

    The High Court has cleared the way for a federal law on same-sex marriage, even though it struck down the ACT law providing for them.
    The critical point was that the court held that the word “marriage” in the Constitution means the union of any two natural people. It was not restricted to unions between a man and a woman.
    As it happens, the 1961 Federal Marriage Act restricts marriage to unions between a man and a woman, but the court held that it would be open to the Federal Parliament to change that and legislate for same-sex marriages under the marriage power in the Constitution.
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    Hitherto the point was unresolved. It was thought that if ever the Federal Parliament did legislate for same-sex marriage it would invite a constitutional challenge on the basis that the word “marriage” in the Constitution meant only unions between a man and a woman.
    That argument will now no longer run and any future Federal law providing for same-sex marriages would be within the Commonwealth Parliament’s power and a challenge would be futile.
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    It's very interesting that the High Court has taken that view, and as I've been saying this is the central issue in which the whole gay marriage debate (should) revolves around.

    I don't think it's as cut and dry as that passage paints but it would be an interesting test.
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    And I think furthermore, any change to the law should be done via means of referendum to avoid any future legal debate surrounding it. I think using legislative instruments to change the law would be too grey in the long run and would likely end in a game of legal ping long over time.

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    Quote Originally Posted by Prince EWS View Post
    I'm no legal expert but far as I know there is absolutely no constitutional reason for NSW or the ACT to be prevented from having their own marriage laws. The constitution grants legislative powers to the Commonwealth on the subject of marriage, however the Commonwealth is currently using that legislative power to say they won't over-rule state or territory legislation. They could change that law of course but the irony in them having to essentially redefine marriage in order to prevent same sex marriage would be far too delicious.
    Was wrong on this, ITSTL.

  13. #478
    Global Moderator Prince EWS's Avatar
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    Thinking about it, I'd guess the rationale would be that while the Commonwealth won't over-rule the legislation of states of territories on marriage as per the Marriage Act, the ACT law isn't actually on marriage as such as it doesn't fit the definition of marriage supplied. Which is a bit "infinite loop" for mine, but I get it.

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    Pakistan votes no and India abstains on UN vote to end anti-gay discrimination

    The resolution was merely about ending discrimination by the way, not about gay marriage. It's interesting to contrast the countries that voted yes from those that voted no, or abstained. I suppose Pakistan and India are proud of being grouped with the backward and dark-ages mentality of the countries that voted no.
    Last edited by Fusion; 27-09-2014 at 11:49 AM.

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    Yup. Koi nahi. As if voting there would change what we practice here on the ground
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