Challenge filed in court to Australian gay marriage ballot

Law Firm News

Gay-rights advocates filed a court challenge Thursday to the government's unusual plan to canvass Australians' opinion on gay marriage next month, while a retired judge said he would boycott the survey as unacceptable.

The mail ballot is not binding, but the conservative government won't legislate the issue without it. If most Australians say "no," the government won't allow Parliament to consider lifting the nation's ban on same-sex marriage.

Lawyers for independent lawmaker Andrew Wilkie and marriage equality advocates Shelley Argent and Felicity Marlowe, applied to the High Court for an injunction that would prevent the so-called postal plebiscite from going ahead.

"We will be arguing that by going ahead without the authorization of Parliament, the government is acting beyond its power," lawyer Jonathon Hunyor said.

Prime Minister Malcolm Turnbull said the government had legal advice that the postal ballot would withstand a court challenge.

"I encourage every Australian to exercise their right to vote on this matter. It's an important question," Turnbull said.

Gay-rights advocates and many lawmakers want Parliament to legislate marriage equality now without an opinion poll, which they see as an unjustifiable hurdle to reform.

Retired High Court judge Michael Kirby, a gay man who supports marriage equality, dismissed the ballot as "irregular and unscientific polling."

"It's just something we've never done in our constitutional arrangements of Australia, and it really is unacceptable," Kirby told Australian Broadcasting Corp.

Kirby would not comment on the legality of the government proceeding with the 122 million Australian dollar ($96 million) ballot without Parliament's approval, but said: "I'm not going to take any part in it whatsoever."

Plebiscites in Australia are referendums that don't deal with questions that change the constitution. Voting at referendums is compulsory to ensure a high voter turnout and that the legally-binding result reflects the wishes of a majority of Australians.

Related listings

  • Court to hear challenge to speed up California executions

    Court to hear challenge to speed up California executions

    Law Firm News 06/06/2017

    The California Supreme Court will hear arguments Tuesday over a ballot initiative designed to speed up executions that could fundamentally change the way the court handles death penalty appeals. Death penalty opponents are challenging a ballot measur...

  • Court of Appeals Judge Elmore won't seek re-election

    Court of Appeals Judge Elmore won't seek re-election

    Law Firm News 05/25/2017

    A North Carolina appeals court judge said Wednesday he won't run again when his seat comes up for re-election next year. Judge Rick Elmore has served since 2003. The former private practice lawyer from Greensboro was re-elected to a second eight-year...

  • Turkish protesters denounce alleged coup plotters at court

    Turkish protesters denounce alleged coup plotters at court

    Law Firm News 03/18/2017

    Turkish protesters on Monday demanded the death penalty, abolished in Turkey more than a decade ago, for 18 alleged coup plotters on trial for the killing of a military officer who resisted an effort to overthrow the government. The demonstrators jee...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.

Business News

San Francisco Trademark Lawyer Our Firm has established a reputation for enforcing and protecting trademarks in the market place. >> read
San Francisco Corporate Law Lawyer The Firm’s Business and Corporate Practice provides service and expertise for a variety of businesses. >> read