DOCSLIB.ORG

Inquiry Into Same Sex Marriage Law in Nsw

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Inquiry Into Same Sex Marriage Law in Nsw Submission No 1040 INQUIRY INTO SAME SEX MARRIAGE LAW IN NSW Organisation: National Marriage Coalition Date received: 28/02/2013 27 February 2013 Committee Secretariat C/- Legislative Council Standing Committee on Social Issues NSW Parliament Macquarie Street Sydney NSW 2000 Re: Same sex marriage law in NSW (Inquiry) By email: [email protected] Dear Committee Members, The National Marriage Coalition is pleased to make a Submission to the Same Sex Marriage Law in NSW (Enquiry). This Submission will begin with some opening observations; cover the Terms of Reference individually, concluding with final statements and additional articles in the Appendices that address the so-called conservative case for homosexual marriage. Gerard Calilhanna Coordinator National Marriage Coalition http://marriage.org.au/ About the Organisers: The National Marriage Coalition is a coalition of like minded organisations who believe that marriage is the bedrock institution of our society. Marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life. Marriage is important because families are important. Families are important because they are the building blocks of our society. When the family collapses, so does the society. Therefore marriage should be encouraged, strengthened and supported by government, society and individuals in every possible way. (From the Website) 1 of 45 Contents Summary .............................................................................................................. 3 That the Standing Committee on Social Issues inquire into and report on issues relating to a proposed same sex marriage law in New South Wales, and in particular: .............................................................................................................. 5 1. Any legal issues surrounding the passing of marriage laws at a State level, including but not limited to: ................................................................................... 5 a. the impact of interaction of such law with the Commonwealth Marriage Act 1961 .................................................................................................................. 5 Implications .................................................................................................... 8 b. the rights of any party married under such a law in other States’ and Federal jurisdiction ......................................................................................................... 8 c. the rights of the parties married under such a law upon dissolution of the marriage; ........................................................................................................... 9 2. The response of other jurisdictions both in Australia and overseas to demands for marriage equality; ............................................................................................ 9 Comments on the concept of “marriage equality” .............................................. 9 The Australian Federal Parliament .................................................................. 11 The Tasmanian State Parliament .................................................................... 11 Responses in overseas jurisdictions ............................................................... 12 United States ............................................................................................... 16 The Defense of Marriage Act (DOMA) ......................................................... 17 Further Observations - France and Great Britain ......................................... 19 France ......................................................................................................... 19 Gay Voices Against Gay Marriage: Jean Marc ............................................ 20 Gay Voices Against Gay Marriage: Xavier Bongibault ................................. 20 Gay Voices Against Gay Marriage: Jean Pier .............................................. 21 Gay Voices Against Gay Marriage: Phillippe Arino ...................................... 23 Britain .......................................................................................................... 24 Gay marriage a feelgood fight for issues-lite elite ........................................ 25 3. Any alternative models of legislation including civil unions; and ..................... 27 4. Changes in social attitudes (if any) to marriage in Australia. .......................... 29 The Bandt Motion: 2010 – 2011 ...................................................................... 30 Ambrose Centre for Religious Liberty findings - 2011 ..................................... 31 Results in the Federal House and Senate during 2012 ................................... 34 Final Statement ................................................................................................... 37 APPENDICIES .................................................................................................... 38 Is There a Conservative Argument for Gay Marriage? .................................... 38 Gay Marriage and the Growth of State Intervention ........................................ 39 2 of 45 Summary The NSW State Parliament is holding an inquiry into the legalisation of homosexual marriage, via the Legislative Council’s Social Issues Committee. The Terms of References presuppose that such laws can exist or have a right to. For example, realising from the Tasmanian experience and other commentary that the Constitution and question of Federal jurisdiction prove massive obstacles, this is dealt with softly, yet it immediately moves to a presumption of ‘marriage’ being legislated in another state and the presumption of the same at the Federal level. This last observation raises other questions. Is the campaign to replace marriage with homosexual marriage a State or a Federal campaign? This reveals a confusion of thinking. If it is a Federal campaign, then why trouble State jurisdictions? State and Territory Parliaments are only being used, therefore, as stepping stones to changes at the Federal levels. Legal support for this position is dubious at best, as according to the Constitution marriage is a Federal power and the Federal Parliament has given the states or Territories no latitude to legislate in the area of marriage, save registration of them. Any conflict with Federal laws renders State and Territory laws invalid and such jurisdictions should not spend time and resources enacting laws that are likely to be invalid and face defending this position in the High Court. Following on from a critique of the deceptive expression “marriage equality”, Section Two reflects on the strong votes in Federal Parliament in favour of marriage as recently as last year, and the recognition by the Tasmanian parliament that marriage is a Federal issue, irrespective of personal views. Overseas jurisdictions that have legislated for homosexual marriage and those pending make less than ten per cent (10%) of UN Member States. Closer examination of the situation in the United States, France and Britain follow, including the Defense of Marriage Act (DOMA) in the US and the extraordinary protests occurring in both France and Britain as their Governments try to foist homosexual marriage on a divided populace. The four French gays who speak in defense of marriage and the family are absolutely remarkable. Their words merit close study. In Britain, David Cameron has split his Conservative Party, with more voting against than for and he has failed to take his base with him. Notably he denied before the last election that he was planning to legislate for homosexual marriage. In Section Three we reject alternative models of legislation such as civil unions. In Section Four, despite the regular 60%+ polling levels in favour of homosexual marriage in Australia, a more nuanced picture is obscured. The Adam Bandt Motion passed by Parliament in 2010 was meant to reveal how widespread 3 of 45 support for homosexual marriage in Australia is, but it backfired spectacularly. An important Survey by the Ambrose Centre for Religious Liberty revealed how little hard support there is for the same and despite a three year campaign with powerful media support the vote in both Houses of Parliament voted strongly to uphold marriage in 2012. Australia stands as a model nation, in this regard, before the world. 4 of 45 That the Standing Committee on Social Issues inquire into and report on issues relating to a proposed same sex marriage law in New South Wales, and in particular: 1. Any legal issues surrounding the passing of marriage laws at a State level, including but not limited to: a. the impact of interaction of such law with the Commonwealth Marriage Act 19611 According to the Australian Constitution S 51 (xxi)2, Marriage is a Federal power only. This enquiry indulges a lobby that wants change at the federal level, not at the state, otherwise why was the Federal Parliament the target for legislative change over the past thee years and not at the State level? State processes should not be abused in this way. S109 of the Australian Constitution states: “When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.”3 Therefore any attempt to legalise homosexual marriage is an invalid law and liable to be struck down by the High Court. Why legislate for an invalid law? Does the state of
Load more

Recommended publications
  • The Demographic Timebomb – Are Northern Ireland's Days in the United Kingdom Numbered?
    The Demographic Timebomb – Are Northern Ireland’s days in the United Kingdom numbered? by Gregory Hammond Research Paper submitted in fulfilment of a MA Degree at King’s College London March 2006 The Demographic Timebomb – Are Northern Ireland’s days in the United Kingdom numbered? Gregory Hammond Map reproduced directly from: http://cain.ulst.ac.uk/images/maps/ni_towns.gif on 8 Feb 06 ABSTRACT Periodically it has been suggested that Northern Ireland’s days in the United Kingdom are numbered because the Province’s Roman Catholic population has been expanding faster than the Protestant population, pointing to a future Catholic majority and an inevitable vote for Irish unity. This paper reviews the Province’s demographic trends, which in fact reveal that the two populations are on course to move into approximately equal numbers by mid-century with neither side gaining or retaining respectively a clear lead over the other. While ‘tribal’ voting habits would result in electoral stalemate between the Unionist and Nationalist blocs, the present trends overall indicate that there would not be an electoral majority for a united Ireland, although the result of a mid-century referendum would be closer than opinion polls indicate today. Finally, the paper examines Northern Ireland’s constitutional future through a ‘demographic lens’, showing that the logic of the current situation is to proceed with efforts to make devolved power-sharing work within the current borders; there is no case for repartition today, but the idea should not be dismissed for all time and the paper postulates two future scenarios in which repartition could be appropriate.
    [Show full text]
  • Andrew Gimson, the Tory Leader's Biographer, on the Man and His
    Von der Leyen’s The eerie growth Responding to David Cameron Venice is no city challenges in ECB power populism chillaxing in decline Ursula von der Leyen arrives in office The increasingly assertive decisions of Advocates for small government should Britain’s former Prime Minister is a man Venice is strained - groaning under with Europe in a state of disarray - Europe’s central bankers are a threat to begin by recognising the limits of their scarred by defeat in the Brexit referendum, the weight of tourism and vulnerable will the new Commission President democracy - decisions on monetary policy popularity, but they can achieve a great deal but in his new memoir he is far too hard on to rising tides. But there’s a case for be up to the challenge? should be returned to EU member states. as part of a broader conservative alliance. himself about the consequences. optimism over the city’s future. Walter Ellis p.3 Bernd Lucke MEP p.8 Daniel Hannan MEP p.13 Iain Martin p.14 Finn McRedmond p.21 Issue #10 | October 2019 A fortnightly Newspaper by the European Conservatives and Reformists (ECR) Party | theconservative.online BATTLE of Boris Andrew Gimson, the Tory leader’s biographer, on the man and his fight for survival p.4-5 Photo: Xander Heinl - Getty Images Heinl - Getty Xander Photo: 2 FEATURE theconservative.online theconservative.online FEATURE 3 CONTENTS Poland’s PiS will profit from Can Ursula von der Leyen save Poland’s PiS will profit from divided opposition - Gerald Warner, p.2 Can Ursula von der Leyen save the European project? - Walter Ellis, p.3 The fight of Boris’s life - Andrew Gimson, p.4-5 DIVIDED OPPOSITION THE EUROPEAN PROJECT? MEPs unite behind the ECR’s condemnation of totalitarian regimes - p.6 It is difficult to see how challengers to the PiS overturn by Walter Ellis Both sides want a deal and it’s time to get on with it - p.6 its majority at Poland’s forthcoming general election ECR Group nominates the Restorers for rsula von der Leyen, whose for the EU acquis.
    [Show full text]
  • Swinton College and the Landcapes of Modern Conservatism
    This is a repository copy of Tories and Hunters : Swinton College and the landcapes of modern Conservatism. White Rose Research Online URL for this paper: https://eprints.whiterose.ac.uk/81536/ Version: Accepted Version Article: Black, Lawrence Edward Ian orcid.org/0000-0001-9321-2667 (2014) Tories and Hunters : Swinton College and the landcapes of modern Conservatism. History workshop journal. pp. 187-214. ISSN 1477-4569 https://doi.org/10.1093/hwj/dbt014 Reuse Items deposited in White Rose Research Online are protected by copyright, with all rights reserved unless indicated otherwise. They may be downloaded and/or printed for private study, or other acts as permitted by national copyright laws. The publisher or other rights holders may allow further reproduction and re-use of the full text version. This is indicated by the licence information on the White Rose Research Online record for the item. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ 1 Fig. 1: Swinton Conservative College, Country Life, 1966. Tories and Hunters: Swinton College and the Landscape of Modern Conservatism by Lawrence Black University of York [email protected] Between 1948 and 1975 54,000 activists, Agents and other students took courses at Swinton Conservative College. The College was housed in Lord and Lady Swinton’s stately home in North Yorkshire, which they had donated to Rab Butler’s Conservative Political Centre (CPC).
    [Show full text]