turnbull, parliament may change marriage laws , page-9

CONSTITUTIONAL law expert George Williams believes the West Australian Greens' same-sex legislation corrects problems in the ACT law and has a much better chance of surviving a High Court challenge.

Both state Liberal and Labor MPs would be given a conscience vote on the Same Sex Marriage Bill introduced into WA's parliament on Thursday by Greens Legislative Council member Lynn MacLaren.

Premier Colin Barnett, who is personally opposed to same-sex marriages, was in Canberra yesterday for the Council of Australian Governments meeting, where he said there was a mood for change and added that at some point there would be same-sex marriage.

Professor Williams, from the University of NSW, provided Ms MacLaren with advice to avoid the same problems faced by the ACT Marriage Equality (Same Sex) law, which the High Court unanimously struck down on Thursday.

The court found the ACT law was inconsistent with the federal Marriage Act and only the federal parliament had the constitutional power to legislate on same-sex marriages. Ms MacLaren's bill sets up a separate state classification for marriage. It also includes other changes recommended by Professor Williams and other constitutional law specialists not made to the ACT bill.

"The main problem was the ACT law set itself up as a full marriage equality law, it piggy-backed on the definition of marriage under the federal statute, it didn't set up a separate state classification for same-sex marriage," Professor Williams said.

"What we can say is it gives (Ms MacLaren's) bill the best possible chance."

http://www.theaustralian.com.au/national-affairs/same-sex-law-has-better-chance/story-fn59niix-1226782829409#