Australian Politics Forum - Same sex marriage

rabbitoh07

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Re: Same sex marriage
Reply #30 - Aug 12^th, 2012 at 10:54am

Prevailing wrote on 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...

You really could not be more wrong if you tried.

The Federal Parliament is perfectly entitled to amend the Marriage Act by an act of Parliament.
No referendum required.

And a State Parliament is perfectly entitled to enact a law on gay marriage. THere is no conflict with Federal Law because the Federal Law explicitly only applies to hetrosexual marriage.

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BigOl64

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Re: Same sex marriage
Reply #31 - Aug 12^th, 2012 at 10:54am

Prevailing wrote on 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...

So where was the referendum that allowed the 2004 amendment to the Marriage Act, would be easy enough for you to track down the results.

See when you post utter horse sh1t, your are easily found out.

Put up or shut up.

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adelcrow Gold Member Offline Australian Politics Posts: 20133 everywhere Gender:	Re: Same sex marriage Reply #32 - Aug 12^th, 2012 at 10:56am Howard amended the Marriage act in 2004 without a referendum and in doing so gave the states rights when it came to same sex marriage.
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rabbitoh07

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Re: Same sex marriage
Reply #33 - Aug 12^th, 2012 at 10:57am

BigOl64 wrote on 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.

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

Hence there is no obstacle to a State Parliament enacting a law on gay marriage as it does not conflict with federal Legislation

The fun thing about the law, you should actually have a clue before presenting a legal argument.

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BigOl64

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Re: Same sex marriage
Reply #34 - Aug 12^th, 2012 at 10:58am

adelcrow wrote on Aug 12^th, 2012 at 10:49am:

Either way..the right of same sex couples to marry is only a heartbeat away.

It will only occur when the feds says it will occur.

Just admit you state parliament are full of morons and wait for the feds to get around to it.

I'm all for it, if it stops the whiny little bitches from whinging. But it won't, they will always find something else to p1ss and moan about.

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Soren Gold Member Offline Posts: 25654 Gender:	Re: Same sex marriage Reply #35 - Aug 12^th, 2012 at 10:59am same sex marriage is sooo gay.
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Prevailing Gold Member Offline Australian Politics Posts: 7169 Stop Men	Re: Same sex marriage Reply #36 - Aug 12^th, 2012 at 11:00am Yawn, tedium adnausium...what part of you cant legislate to change the definition of marriage without referendum is too hard for you The High court will over turn your useless legislation like it did the Malaysia solution..such imbeciles should not be allowed in the Parliament...
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FriYAY

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Re: Same sex marriage
Reply #37 - Aug 12^th, 2012 at 11:00am

adelcrow wrote on 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

WE ALL don't accept their right to marriage though, do WE?

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BigOl64

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Re: Same sex marriage
Reply #38 - Aug 12^th, 2012 at 11:00am

rabbitoh07 wrote on Aug 12^th, 2012 at 10:57am:

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

Hence there is no obstacle to a State Parliament enacting a law on gay marriage as it does not conflict with federal Legislation

The fun thing about the law, you should actually have a clue before presenting a legal argument.

So you are absolutely positive that a state gay marriage law is not in conflict with the federal law that strictly specifies that marriage is between a man and a woman.

You're an idiot!

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adelcrow

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Re: Same sex marriage
Reply #39 - Aug 12^th, 2012 at 11:01am

BigOl64 wrote on Aug 12^th, 2012 at 10:58am:

adelcrow wrote on Aug 12^th, 2012 at 10:49am:

Either way..the right of same sex couples to marry is only a heartbeat away.

It will only occur when the feds says it will occur.

Just admit you state parliament are full of morons and wait for the feds to get around to it.

I'm all for it, if it stops the whiny little bitches from whinging. But it won't, they will always find something else to p1ss and moan about.

Of course the state and federal parliaments are full of morons but that has nothing to do with it

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Prevailing Gold Member Offline Australian Politics Posts: 7169 Stop Men	Re: Same sex marriage Reply #40 - Aug 12^th, 2012 at 11:03am Its as pity for the Morons the High Court will continue to throw out their unconstitutional legislation...
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BigOl64

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Re: Same sex marriage
Reply #41 - Aug 12^th, 2012 at 11:04am

Prevailing wrote on Aug 12^th, 2012 at 11:00am:

Yawn, tedium adnausium...what part of you cant legislate to change the definition of marriage without referendum is too hard for you The High court will over turn your useless legislation like it did the Malaysia solution..such imbeciles should not be allowed in the Parliament... Grin

Fine show me the results of the referendum for the Marriage Act 2004 amendment; it must have happened, because you said it did.

Put up or shut up.

Here Ill help you start. www.google.com.au

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BigOl64

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Re: Same sex marriage
Reply #42 - Aug 12^th, 2012 at 11:06am

adelcrow wrote on Aug 12^th, 2012 at 11:01am:

BigOl64 wrote on Aug 12^th, 2012 at 10:58am:

adelcrow wrote on Aug 12^th, 2012 at 10:49am:

Either way..the right of same sex couples to marry is only a heartbeat away.

It will only occur when the feds says it will occur.

Just admit you state parliament are full of morons and wait for the feds to get around to it.

I'm all for it, if it stops the whiny little bitches from whinging. But it won't, they will always find something else to p1ss and moan about.

Of course the state and federal parliaments are full of morons but that has nothing to do with it

Then don't get all excited when your morons do something truly moronic like present an unconstitutional act into state parliament.

Siding with morons does nothing for your intellectual standing.

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rabbitoh07

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Re: Same sex marriage
Reply #43 - Aug 12^th, 2012 at 11:10am

BigOl64 wrote on Aug 12^th, 2012 at 11:00am:

rabbitoh07 wrote on Aug 12^th, 2012 at 10:57am:

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

Hence there is no obstacle to a State Parliament enacting a law on gay marriage as it does not conflict with federal Legislation

The fun thing about the law, you should actually have a clue before presenting a legal argument.

So you are absolutely positive that a state gay marriage law is not in conflict with the federal law that strictly specifies that marriage is between a man and a woman.

You're an idiot!

Yes - I am absolutely positive that a state gay marriage law is not in conflict with the federal law that strictly specifies that marriage is between a man and a woman.

Here is how the Marriage Act defines marriage:
MARRIAGE ACT 1961 - SECT 5

Interpretation
(1) In this Act, unless the contrary intention appears:

'marriage" means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.

That is the definition for THAT Act. The Tas and SA Acts apply to marriages which do not meet that definition. Hence there is no conflict with the Federal Act and they are free to legislate whatever they like.

You really should be more discerning when you throw the word "idiot" about

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Prevailing Gold Member Offline Australian Politics Posts: 7169 Stop Men	Re: Same sex marriage Reply #44 - Aug 12^th, 2012 at 11:10am Once bad legislation hits the High Court it is struck down as unconstitutional - the Parliament is essentially powerless to act apart from the peoples mandate - essentially they are nothing - ...
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