Australian Politics Forum - Same sex marriage

BigOl64

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Re: Same sex marriage
Reply #15 - Aug 12^th, 2012 at 10:15am

Prevailing wrote on Aug 12^th, 2012 at 9:56am:

It is exactly what it means...the constitution and the law are one...the Government is subject to the Law - on major change they must go to the people with a referendum - our system of law does not allow for summary parliamentary dictatorship of the constitution and the law...

Ok, one last time, as I and many others are well aware of your comprehension limitations.

NO-ONE is trying to change the constitution; so that pretty much invalidates your whole argument.

SA is trying to write there own marriage act in contravention of the constitution and federal marriage act.

If the feds want to they can invalidate SA's act under the constitution.

Now read it a couple of time BEFORE replying, if need be, get a senior primary school child (Grade 6 or 7 should suffice) to explain it to you. Angry

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adelcrow

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Re: Same sex marriage
Reply #16 - Aug 12^th, 2012 at 10:20am

BigOl64 wrote on Aug 12^th, 2012 at 10:15am:

[quote author=736E75626B62747464666A77666E60696275070 link=1344724644/12#12 date=1344729369]

It is exactly what it means...the constitution and the law are one...the Government is subject to the Law - on major change they must go to the people with a referendum - our system of law does not allow for summary parliamentary dictatorship of the constitution and the law...

Ok, one last time, as I and many others are well aware of your comprehension limitations.

NO-ONE is trying to change the constitution; so that pretty much invalidates your whole argument.

SA is trying to write there own marriage act in contravention of the constitution and federal marriage act.

If the feds want to they can invalidate SA's act under the constitution.

Now read it a couple of time BEFORE replying, if need be, get a senior primary school child (Grade 6 or 7 should suffice) to explain it to you. Angry

SA will change its laws followed by Tasmania, NSW, Vic and eventually the feds will come to the party.
Those amongst us that aren't gay have gay friends and family members so the law does effect us all one way or another.

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Bobby. Gold Member Offline Australian Politics Posts: 104895 Melbourne Gender:	Re: Same sex marriage Reply #17 - Aug 12^th, 2012 at 10:27am Not another thread on homo marriage! This topic has been bashed to death on Ozpolitics.
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adelcrow Gold Member Offline Australian Politics Posts: 20133 everywhere Gender:	Re: Same sex marriage Reply #18 - Aug 12^th, 2012 at 10:28am Bobby. wrote on Aug 12^th, 2012 at 10:27am: Not another thread on homo marriage! This topic has been bashed to death on Ozpolitics. Yes but the Jay only made the announcement yesterday
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BigOl64

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Re: Same sex marriage
Reply #19 - Aug 12^th, 2012 at 10:29am

adelcrow wrote on Aug 12^th, 2012 at 10:20am:

SA will change its laws followed by Tasmania, NSW, Vic and eventually the feds will come to the party.
Those amongst us that aren't gay have gay friends and family members so the law does effect us all one way or another.

What part of the posts I supplied on the constitution and marriage act don't you get?

The law is the law, federal law ALWAYS over rides state law, so ANY homo marrigaes under SA law will be unconstitutional and NOT recognised in Australia.

If federal law states marriage is between a man and a woman then that is the end of the conversation, regardless of what the state law says.

If homos want the misery of marriage then they have to get the feds to change the law and stop wanking around with state law; it just make everyone involved look stupid.

This is why SA is considered a joke, a first year law student could tell them what they are doing is a waste of time and energy; but you people are giving it a go anyway.

Maybe your government would be better spending time on producing jobs than irrelevant legislation.

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Bobby.

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Re: Same sex marriage
Reply #20 - Aug 12^th, 2012 at 10:31am

adelcrow wrote on Aug 12^th, 2012 at 10:28am:

Bobby. wrote on Aug 12^th, 2012 at 10:27am:

Not another thread on homo marriage!

This topic has been bashed to death on Ozpolitics.

Yes but the Jay only made the announcement yesterday

But they are allowed to bum chum each other -
& still that's not enough for them.

In my days they got serious prison time for buggery.

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Prevailing

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Re: Same sex marriage
Reply #21 - Aug 12^th, 2012 at 10:33am

adelcrow wrote on Aug 12^th, 2012 at 10:20am:

BigOl64 wrote on Aug 12^th, 2012 at 10:15am:

[quote author=736E75626B62747464666A77666E60696275070 link=1344724644/12#12 date=1344729369]

It is exactly what it means...the constitution and the law are one...the Government is subject to the Law - on major change they must go to the people with a referendum - our system of law does not allow for summary parliamentary dictatorship of the constitution and the law...

Ok, one last time, as I and many others are well aware of your comprehension limitations.

NO-ONE is trying to change the constitution; so that pretty much invalidates your whole argument.

SA is trying to write there own marriage act in contravention of the constitution and federal marriage act.

If the feds want to they can invalidate SA's act under the constitution.

Now read it a couple of time BEFORE replying, if need be, get a senior primary school child (Grade 6 or 7 should suffice) to explain it to you. Angry

SA will change its laws followed by Tasmania, NSW, Vic and eventually the feds will come to the party.
Those amongst us that aren't gay have gay friends and family members so the law does effect us all one way or another.

Thats funny because I was talking about the limits on the powers of both the Federal and state parliaments - neither of which have the legislative power to do anything to the Marriage act without a constitutional referendum - please stop making a fool out of yourself on matters beyond your ability to comprehend know all...

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rabbitoh07

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Re: Same sex marriage
Reply #22 - Aug 12^th, 2012 at 10:40am

Prevailing wrote on Aug 12^th, 2012 at 9:56am:

BigOl64 wrote on Aug 12^th, 2012 at 9:49am:

Prevailing wrote on Aug 12^th, 2012 at 9:44am:

BigOl64 wrote on Aug 12^th, 2012 at 9:39am:

adelcrow wrote on Aug 12^th, 2012 at 9:05am:

Its going to the SA parliament at the next sitting

Just proves that you crow eaters are rolled gold morons. You can make whatever law you want and the federal government can quash it because it contravenes Section 51 of the amended marriage act 2004

The Marriage Legislation Amendment Act 2004 inserted a definition into s5(1) of the act, that reads:
“Marriage, means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life."
The 2004 amendment addressed the issue of gay marriage in Australia.

http://en.wikipedia.org/wiki/Marriage_Act_1961_(Australia)

And just to prove that SA are conducting a social wankfest, here's the specific part of the constitution that deals with marriage.

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 51
Legislative powers of the Parliament [see Notes 10 and 11]

The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:

(xxi) marriage;

http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s51.html

The operative words here are the parliament subject to the constitution...they cant change the constitution without a referendum and they know it, they can be sued...they can all go to gaol for this - its very serious & malicious criminal behavior...

Actually that's not what it means.

They are not changing the constitution at all, that are trying to circumvent the federal marriage act; it's all pretty self evident.

You may want to hone your bush lawyer skill with some improved comprehension there mate.

It is exactly what it means...the constitution and the law are one...the Government is subject to the Law - on major change they must go to the people with a referendum - our system of law does not allow for summary parliamentary dictatorship of the constitution and the law...

That is exactly correct.

But no one is intending to change the Constitution. Tas and SA are passing laws to allow same sex marriage - as they are completely entitled to do under Section 6 of the Marriage Act (Cth)

MARRIAGE ACT 1961 - SECT 6

Act not to exclude operation of certain State and Territory laws
This Act shall not be taken to exclude the operation of a law of a State or of a Territory, in so far as that law relates to the registration of marriages, but a marriage solemnised after the commencement of this Act is not invalid by reason of a failure to comply with the requirements of such a law.

The Federal Marriage Act is very clear that it only applies to hetrosexual marriage. It does not exclude the operation of gay marriage under state laws.

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BigOl64

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Re: Same sex marriage
Reply #23 - Aug 12^th, 2012 at 10:44am

Prevailing wrote on Aug 12^th, 2012 at 10:33am:

Thats funny because I was talking about the limits on the powers of both the Federal and state parliaments - neither of which have the legislative power to do anything to the Marriage act without a constitutional referendum - please stop making a fool out of yourself on matters beyond your ability to comprehend know all...

Only you could argue that the federal parliament does not have the power to change an act of parliament on constitutional grounds, even though they do-so every day under the very constitutional powers you are using. Grin

If they couldn't amend and act of parliament without a referendum, then please feel free to show us all the referendum we had to produce the the Marriage Act Amendment 2004 which specified that marriage was between a man and a woman. Because prior to that amendment there was no such specification under the initial Marriage Act 1961.

Back to grade 5 for you, this time stay awake during your english comprehension and reading classes. Grin

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Prevailing Gold Member Offline Australian Politics Posts: 7169 Stop Men	Re: Same sex marriage Reply #24 - Aug 12^th, 2012 at 10:47am Sorry - the Parliament is powerless to legislate on marriage without a constitutional referendum and the High court will throw it out...
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adelcrow Gold Member Offline Australian Politics Posts: 20133 everywhere Gender:	Re: Same sex marriage Reply #25 - Aug 12^th, 2012 at 10:49am Either way..the right of same sex couples to marry is only a heartbeat away.
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FriYAY Gold Member Offline Australian Politics Posts: 7395	Re: Same sex marriage Reply #26 - Aug 12^th, 2012 at 10:50am Wish they would just hurry up and change the bloody laws. Such a minor issue affecting such a minority. Get it done so people can concentrate on important matters.
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BigOl64

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Re: Same sex marriage
Reply #27 - Aug 12^th, 2012 at 10:50am

rabbitoh07 wrote on Aug 12^th, 2012 at 10:40am:

That is exactly correct.

But no one is intending to change the Constitution. Tas and SA are passing laws to allow same sex marriage - as they are completely entitled to do under Section 6 of the Marriage Act (Cth)

MARRIAGE ACT 1961 - SECT 6

Act not to exclude operation of certain State and Territory laws
This Act shall not be taken to exclude the operation of a law of a State or of a Territory, in so far as that law relates to the registration of marriages, but a marriage solemnised after the commencement of this Act is not invalid by reason of a failure to comply with the requirements of such a law.

The Federal Marriage Act is very clear that it only applies to hetrosexual marriage. It does not exclude the operation of gay marriage under state laws.

That is only about state registering marriages, not about specificity of marriage which is covered under the federal marriage act and amendment.

The amendment of 2004 strictly specifies that marriage is between a man and a woman so it does exclude homo marriage.

The fun thing about the law, you should read more than one line of a statute before presenting a legal argument.

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adelcrow Gold Member Offline Australian Politics Posts: 20133 everywhere Gender:	Re: Same sex marriage Reply #28 - Aug 12^th, 2012 at 10:51am FriYAY wrote on Aug 12^th, 2012 at 10:50am: Wish they would just hurry up and change the bloody laws. Such a minor issue affecting such a minority. Get it done so people can concentrate on important matters. We all know gay people so it effects everyone
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Prevailing Gold Member Offline Australian Politics Posts: 7169 Stop Men	Re: Same sex marriage Reply #29 - Aug 12^th, 2012 at 10:53am The Parliament Subject To The Constitution...(Subject to the will of the people)...
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