Tony Abbott hints that George Brandis is progressive on gay marriage

http://www.theguardian.com/society/2013/oct/23/abbott-brandis-progressive-gay-marriage

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The prime minister has hinted that his attorney general, George Brandis, is progressive on gay marriage despite leading a high court challenge to try and strike down a new territory law legalising same-sex unions.

Tony Abbott said there was a "range of views" in the Coalition party room on same-sex marriage during a radio interview on Wednesday, adding that Brandis, a Liberal moderate, was "probably more progressive" on the issue than others.

But he said "the job of the attorney is to uphold the constitution and that's what we are determined to do – to ensure that our constitution is adhered to."

A spokeswoman for Brandis later told Guardian Australia: "The attorney general supports the government's position on marriage."

The ACT legislative assembly on Tuesday passed an historic law legalising marriage between adults of the same sex, becoming the first jurisdiction in the country to succeed in removing discrimination against same-sex couples.

But the ACT law will be subject to a high court challenge by the commonwealth. The Abbott government is seeking an expedited hearing by the full bench to determine whether the new ACT law is constitutional – arguing the legal uncertainty requires speedy resolution.

A writ of summons was lodged in the court on Wednesday and a directions hearing is likely to occur next week.

That hearing will establish timelines and whether or not the case will be heard by the full bench.

The writ makes it clear that the commonwealth will argue the case on the basis of inconsistency between the Federal Marriage Act, which specifies marriage is between a man and a woman, and the new territory law.

The ACT's position is that the two laws work concurrently.

The commonwealth also argues that the ACT law is inconsistent with the Family Law Act.

Abbott said on Wednesday that same-sex couples should wait until the high court made its ultimate determination to avoid being caught up in any uncertainty.

"I'd suggest to people who would like to be married under the ACT legislation – hold on until its validity is tested."

The new ACT regime is intended to take effect over the next fortnight. Couples then have to give 30 days' notice of their intentions. Unless legal processes intervene, the first same-sex marriages are expected to take place in the ACT in December.

The prime minister said his government was not taking a moral stand against gay marriage. This was a legal issue.

"It's not a question of being for or against gay marriage," the prime minister said. "It's a question of adhering to the constitution. We are going to challenge this because we think that the constitution should be adhered to."

Abbott has a conservative view on marriage being between a man and a woman. He said on Wednesday that his position would not change.

But he has kept the Coalition's options open in the event the issue returns to the new federal parliament.

Liberal MPs have different views on the subject but have thus far stuck with the Coalition's official position, with the exception of Queensland Liberal senator Sue Boyce, who crossed the floor to vote for gay marriage in the 43rd parliament.

Abbott says the issue of whether his MPs, including cabinet ministers, will be granted a conscience vote on any new legislation to come before the 44th parliament would be determined, in the usual way, by the party room.

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