Page 2642 - Week 08 - Wednesday, 10 August 2016
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I hope this does not turn into an acrimonious debate today. Part of the motion talks about having a good debate, whatever form that takes—be it a plebiscite or so on—and we want to keep this a measured respectful debate. And perhaps a couple of comments in Ms Burch’s motion directed at me and other members of my team are not reflective of the intent of the motion. If the intent of the motion from Ms Burch is to have a thoughtful, considerate debate—and I have said we support that aspect of it—then let us set the tone here today. Let us not be sniping at each other and abusing each other and then saying out there in the community, “Oh, but you’ve all got to be nice to each other.” We have got to show the leadership from the outset, because regardless of what we do in this chamber today, this debate is going to ensue in the form of a plebiscite in our community. Let us just recognise that.
With regard to the annulment of marriages, the decision that the legislation was not constitutional was the unanimous view of the High Court. That is going back in history a bit and when we had that debate in the Assembly—I think in late 2014 but it might have been a bit before that—we made the point in the Canberra Liberals that there was a range of views within the party about the issue of same-sex marriage but our consistent view was that the legislation was not constitutionally valid. That was based on advice from the Solicitor-General of the commonwealth.
We said that until the High Court had made a decision it would make sense not to enact the legislation so those marriages did not occur. That is all a bit historical, but I make the point to Ms Burch that the decision was one of the High Court; I had no effect on that. As it was we said we did not support the legislation. We did not win that vote; that legislation was passed but then was struck down, essentially, by the High Court.
To put it on the record, although the Canberra Liberals did not support same-sex marriage in this place—principally because, as was proved correct, the legislation was not part of our jurisdiction—there is a range of views within the Canberra Liberals, just as there is a range of views within the community on the issue of same-sex marriage. And, just as it is in the community, some people hold those views passionately. I know, Madam Assistant Speaker, that you are a passionate advocate for same sex-marriage. You are clear with those views and you have been consistent in that position. I have expressed that in this chamber a number of times.
There are those who hold religious convictions in our community—members of the Christian faith, Muslims—who support traditional marriage. Mrs Dunne, for example, is a devout Catholic and I respect that she has views that support the existing law when it comes to marriage. We should respect that view.
Personally, as Ms Burch has pointed out, I support same-sex marriage but from the Canberra Liberals’ point of view in opposition, there is going to be a plebiscite and it needs to be respectful in terms of the debate if we are engaging in it. But the members of the Canberra Liberals are free to vote with their conscience on this; they are free to vote which way they wish to. They are individuals, just like any other member of this community.
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