South Australia: Same Sex Marriage Bill introduced

The South Australian Parliament has introduced the Same-Sex Marriage Bill 2013 into the Lower House last week, which if passed will allow same-sex couples who marry in South Australia to be registered with the Births, Deaths and Marriage Office and receive a marriage certificate.

The legislation would make South Australia the first Australian state to legalise same-sex marriage. 

At this early stage, there is already some support for the Bill, with Premier Jay Weatherill indicating that he will vote in favour.

However, there have been questions raised over whether the Bill is within the power of the State parliament to make.

Shadow attorney-general Stephen Wade said that, while he supported the spirit of the legislation, he was concerned that "as a matter of constitutional law, marriage is the domain of the Federal Parliament so our party won't be supporting laws that we don't think our Parliament has the power to make."

Labor minister Ian Hunter said any change in the law would likely be challenged in the High Court.

"There are competing legal views about this, some constitutional lawyers say the state does have the capacity to legislate here, the state never gave up its right to legislate in marriage of course, but we do have an ability to pass legislation and it can be tested in the High Court," he said.

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