Vote not in the post yet

Injunction being sought

THE Turnbull Government’s postal vote on same-sex marriage could be delayed after advocates said they would seek a High Court injunction.

Labor, the Greens and crossbench senators yesterday blocked the Government’s second attempt at passing laws to enable a compulsory plebiscite.

Work is now under way for an Australian Bureau of Statistics-run postal vote, with ballot papers due to hit mailboxes from September 12 and the final result expected by November 15.

If there is a majority “yes” vote nationally, the Government will allow a private member’s Bill to go forward in Parliament and MPs to have a free vote on it by the end of the year. However if there is a “no” vote, no further action will be taken.

The High Court is expected to receive an application this week from independent MP Andrew Wilkie and two marriage equality advocates Shelley Argent and Felicity Marlowe to strike down the postal ballot process.

Advice from barrister Ron Merkel QC suggests there are constitutional problems with the ABS running the poll and the government paying for it without parliament’s approval.

Finance Minister Mathias Cormann told Parliament the Government’s advice was there were no constitutional or legal problems with the postal vote.

“We will now press ahead with the postal plebiscite,” he told reporters after the vote was lost in parliament.

Labor frontbencher Penny Wong said the parliament should debate and pass changes to marriage laws now, rather than waiting for the results of an “expensive stunt”.

Senator Wong, who is in a same-sex relationship, said many in the Liberal-Nationals coalition could not countenance equality and were never going to change their minds whatever the result of the poll.

Senator Wong objected to the Australian Christian Lobby describing the children of same-sex couples as the “stolen generation” and rejected Senator Cormann’s statement the plebiscite could be a “unifying” decision for the country.

“You talk about unifying moments? It is not a unifying moment. It is exposing our children to that kind of hatred.”

Senator Cormann said he had a high regard for Senator Wong and believed it was important for the debate to be conducted with “courtesy and respect”.