Gai Brodtmann (Canberra, Australian Labor Party, Shadow Parliamentary Secretary for Defence) Share this | Hansard source

I have been referring to the bill, Deputy Speaker. This is about territory rights, and that is what I am discussing now.

They made it clear that marriage is between a man and a woman and there is no room left for the states and territories to pass laws about same-sex marriage. The ACT has argued that the 2004 amendments actually narrowed the Commonwealth law. The Commonwealth law now only deals with heterosexual marriage, so it leaves room for a state or territory to pass a law on different forms of marriage. The ACT law would therefore be able to sit side by side with the federal law.

I am no constitutional expert, so I can in no way guess or pre-empt the High Court's decision tomorrow. However, as a supporter of marriage equality and of self-government, I hope that tomorrow's decision upholds territory rights. ACT Labor has taken a policy of marriage equality to every election since 2001 and has won government each time. Tomorrow we will learn a great deal about the rights of the ACT to make laws for its citizens. Water management is—

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