Wilkie hopeful court will disallow survey

DENISON MP Andrew Wilkie says if a High Court challenge to the postal vote on same-sex marriage succeeds there will be enormous pressure on the Federal Government to allow a conscience vote.

Mr Wilkie and two others are challenging the legality of the $122 million survey, with hearings in Melbourne today and tomorrow.

“I remain hopeful that the High Court will rule in our favour and strike down the Government’s unnecessary, wasteful and harmful postal survey on marriage equality,” he said.

“This is as much about the Federal Government exceeding its powers as it is about marriage equality.”

Veteran gay rights activist Rodney Croome said that if the court struck down the postal vote, campaigners would focus on ensuring that Parliament did its job and voted marriage equality through as soon as possible.

“If the court upholds the postal vote we will roll out a statewide campaign that highlights the support for marriage equality from everyday Tasmanians,” he said.

“So far Tasmania has been largely free of the hate campaigns seen in other states, which is probably because of our strong laws against hate speech — but we are not immune.”

Mr Wilkie said the legal team including Ron Merkel QC would argue the Government was attempting to spend $122m on the postal vote without parliamentary approval.

“We’re also arguing that the Government does not have the power to direct the Australian Bureau of Statistics to conduct the postal vote because the activity is outside its legal mandate,” he said.

“If we succeed in the High Court, there will be enormous pressure on the Government to stop the political game playing, do their jobs and let MPs vote on marriage equality.

“Let’s not forget that a postal vote wasn’t necessary when the Howard government changed the Marriage Act in 2004 to limit marriage to between a man and a woman and it’s not necessary now.”

The same-sex marriage issue was brought to a head by four Coalition MPs seeking a conscience vote. A plebiscite proposal was defeated in the Senate.

The Government said if a yes vote was recorded in the survey, a private member’s bill would be facilitated for a vote in Parliament before the end of the year.