George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

For the reason I explained to you, it is entirely unnecessary to have a referendum, because the Constitution already has a marriage power. The High Court, as recently as 2013 in an unambiguous and unanimous decision, made it clear that with the marriage power it gives the parliament the capacity to make laws for marriage between people of the same sex. In the event that there is a yes vote in the plebiscite, that is what the government will facilitate the parliament doing by debating a private members bill.

Senator Hanson, we do not think that it is appropriate or desirable to have an unnecessary constitutional referendum. What we do think is appropriate and desirable is to give the people a say, and the plebiscite question will be in precisely the same terms as the plebiscite question that was frustrated by the Senate in the bill, namely: do you believe that the Marriage Act should be changed to allow people of the same sex to marry? (Time expired)