This result is precisely what I expected when I wrote may earlier post on the overreach of the Canberra Town council>
The High Court determined that the federal parliament has the power under the Australian constitution to legislate on same-sex marriage, and that whether or not same-sex marriages are legalised is a matter for the federal parliament.
“The Court held that the object of the ACT Act is to provide for marriage equality for same sex couples and not for some form of legally recognised relationship which is relevantly different from the relationship of marriage which federal law provides for and recognises,” the summary judgment said.
“Accordingly, the ACT Act cannot operate concurrently with the federal Act.”
It said because the ACT does not validly provide for the formation of same sex marriages, the whole of the ACT’s Marriage Equality (Same Sex) Act 2013 has no effect.
Supporters of gay marriage were dismayed at the ruling.
“This is devastating for those couples who married this week and for their families,” Australian Marriage Equality national director Rodney Croome said shortly after the decision was handed down in Canberra.
However, he said the ruling was just “a temporary defeat”.
Australian Marriage Equality spokesman Ivan Hinton was one person who took advantage of the ACT laws, marrying his partner Chris Teoh in Canberra last weekend.
“I don’t want to be unmarried this afternoon,” he told reporters outside the High Court.
The Australian Christian Lobby said the ruling upheld the uniformity of marriage laws across the country.
“Marriage between a man and a woman is good for society and beneficial for governments to uphold in legislation,” managing director Lyle Shelton said in a statement.
“It’s about providing a future for the next generation where they can be raised by their biological parents, wherever possible.” Mr Shelton was concerned for same-sex couples who thought they were married under the ACT legislation.
“Understandably they will be disappointed at the decision handed down today and it is unfortunate they were put in this position,” he said.
Human Rights Law Centre spokeswoman Anna Brown said the ruling was a blow to the same-sex couples who had tied the knot in the ACT.
“The outcome has laid responsibility for advancing marriage equality squarely at the feet of the federal parliament,” she said.
ACT Chief Minister Katy Gallagher said her government had no regrets about pursuing marriage equality.
There are no short cuts to bringing about such a substantive change to our society and anyone who thinks that its a good thing to try to make such changes through the back door opened by an overblown town council are clearly deluded. The high court has spoken and made it clear that the definition of marriage is entirely within the remit of our FEDERAL parliament and the activists that pursued this bit of street theatre should be hanging their heads in shame that they have given Gay marriage advocates such empty and false hope,
Well I’m Cheering a good decision Comrades
- First Australian gay weddings held in capital city (thehimalayantimes.com)
- High Court to rule on same-sex marriages (sbs.com.au)
- First day of gay marriage in ACT (news.smh.com.au)
- First Australian gay weddings held in capital city (cnsnews.com)
- High Court to rule on same-sex marriages (radionz.co.nz)
Ah its the end of the road for Holden making cars here, well is anyone really surprised?
We have had so many factors working towards this eventuality for the last decade that I for one am entirely unsurprised. Definitely saddened but unsurprised. These days the daily driver is a Nissan here at Chez Hall and before that we had a couple of EB Falcons a Subaru, a Mazda Ute , a Diahatsu Hi Jet and many years ago I had a couple of different Holdens, in the first instance I had a FE utility and then I had a HR sedan. Like all petrol heads I had a sort of love affair with each of the cars that I have owned over the years and those Holdens are remembered very fondly.
The FE Ute was something of a journey and to be frank I don’t even remember how much I paid for it, or even where I bought it but I do remember that I bought it to do up, that it had no engine in it and I subsequently spent ages, many weeks in fact, cutting out the rust and welding in patches with the a borrowed Oxy set. I scouring the countryside for all of the right trim and parts to make it go. Thus I briefly owned a Torana that donated its engine/gearbox and disc brakes to the project a station wagon provided an alternative rear section to delete the spare wheel door and to allow a full rear bumper to be fitted. the love affair ended and I sold it on and even though I was good with that decision it was still a very sad day when I sold it to a local guy and sadder still when I would see it being driven around the town.
The HR I bought in the eighties as a going concern for the princely sum of $600 and apart from needing small rust repair in the floor it was a lovely old boat. Sure it was no sports car and after the 1200 Datsun that had taken us all around the country it was an absolute Limo, so we dubbed it “the Limo” at that time it was old enough to have a certain class of its own as an honest working car. The steering was a bit, shall we say, vague, the performance was stately rather than at all brisk but I loved its interior space after the Datsun and it had a certain charisma that keeps the model in the heart of many Holden buffs to this day. It was the car I owned when I got married and it carried us on our honeymoon tour of NSW national parks. The HR affair only ended because a stupid bitch ran into it in the Library car park badly denting the drivers door. I got a replacement door but I could never get it to fit as well as the original and it was just never the same car for me after that either.
The point of this ramble is to explain that the demise of Holden may have lots of economic reasons and I’m sure that the political hacks on both sides will give us a fine reasons and excuses why the company has finally decided to cease manufacturing here but personally I think that what it boils down to is that there is no longer very much to love about owning modern cars, they have all, almost without exception, become entirely bland and as ubiquitous as washing machines, there is next nothing to distinguish them one from another in performance , economy or style. Without romance it comes down to buying decisions on cost and perceived economy and the Commodore, like the Falcon suffered from the architecture of its design being big and heavy with a large lump of an engine. If only they had been innovative enough to put their cars on a serious diet that say them shed a few hundred kilos each while retaining the useful interior space that endeared them to generations of Aussies things might be different now.
A TUMULTUOUS fortnight in federal politics has produced the first real shock in opinion polling for this parliamentary term, with the highly respected Newspoll finding -- for today's issue of The Australian -- a four-point movement to Labor in two weeks to put that party ahead 52-48 after preferences. Some of this is the result of typically filthy Labor Party political tactics.
by Leon Bertrand
Dear Sandpit readers,
I have a new blog, which focuses on the law and related issues. It is intended to appeal to lawyers and non-lawyers alike.
The blog will comment on practical issues which will inform people of what to expect and how to deal with lawyers, the courts etc. Already I have a post about how you can help your own legal case. I will post about topics such as why legal fees are so high and how you can reduce your legal fees in the coming weeks.
The blog will also comment about various legal issues. Already it has posted about the law of negligence, disciplinary proceedings against lawyers and criminal law. Having practiced in a number of areas, I have a reasonably broad knowledge of the various areas of law.
So please check it out and feel free to comment. Any feedback, positive or negative, would be appreciated.
I would also like to thank Ray for some advice on the technical aspects of wordpress.
With the confirmation that Nelson Mandela has died we can expect a vast outpouring of grief from all of the usual suspects from the left. Heck even this conservative has respect for Nelson Mandela, who was and ever will be the man given the most credit fro the fall of the apartied regime in South Africa.
As good as I think the man to have been I can’t help wondering how much hyperbole will be invoked about him in the near future.
With great respect Comrades
- R.I.P. Nelson Mandela (mindofbrosephus.wordpress.com)
- Nelson Mandela dead at 95 (globalnews.ca)
- Nelson Mandela Resources (simonhaughton.co.uk)
- RIP Nelson Mandela (cazhilly.wordpress.com)
- Nelson Mandela made his mark on popular culture (SLIDESHOW) (thegrio.com)
- Nelson Mandela Has Died (wreg.com)
- Nelson Mandela, South African Statesman, Dies (fox40.com)
- RIP Nelson Mandela (scottdpartington.wordpress.com)
- South Africa’s Nelson Mandela dies (musingsofamildmanneredman.com)
As I suggested the other day the government has easily found an adequate workaround to overcome the stunt pulled by the Greens and the ALP in moving to disallow TPVs in the senate:
The cap ordered yesterday has been set at the current number already issued this year – 1650 – meaning not a single new permanent residency visa will be granted until at least July when the cap will be reset.
This is also when the new Senate will be sworn in, stripping Labor and the Greens of their power to block legislation.
Mr Morrison has also used provisions under section 46 of the Migration Act – which apply to ministerial discretion to allow applications to be made by asylum seekers offshore – and has placed a self-imposed ban on allowing applications to be made for permanent protection visas.
All other humanitarian visa programs remain in place, such as those which apply for asylum seekers in UN-administered refugee camps overseas.
Mr Morrison said the effect of the Greens-led roadblock in the Senate – supported by Labor – would be asylum seekers in Australia would be denied any access to work rights or welfare payments other than what is allowed under the bridging visa program.
He said the move was necessary to ensure people smugglers did not use the Labor-Greens Senate alliance to “re-open the door to asylum seekers” as propaganda to encourage more people to get on boats.
He said the freeze on permanent protection visas would remain until the Senate changed its mind.
So all that the stunt will do is provide a small hiatus in the issuing of TPVs and in the mean time those who would qualify for them will suffer more. Good one Mr Shorten. of course this issue clearly begs the question “just how out of date is the UN convention?” and for those of us who have been suggesting for some time that the answer is a resounding “completely!”. Of course the minions of the left claim that the UN convention is wonderful and overflowing with fine principles about “protecting” vulnerable people and I will admit that the original intention was precisely that. However the passage of sixty odd years finds that the world is a vastly different place, in many ways its two worlds, there is the well governed old world countries that have both stability and relative prosperity and then there is the ill governed rabble that makes up the majority of the planet’s nation states. Sadly many of that rabble will never get their act together enough to provide the opportunities for their citizens that we can take for granted. Minions of the far left take the point of view that materially successful nations are required to feel guilty about those who live in dysfunctional societies and to subsequently supply them with either money or allow them to immigrate so that they can share the spoils of our good governance and our ordered society, the problem with this seemingly humane approach is just where to draw the line about just how generous we should be, Its clear to me that for the far left there should be no line at all which will lead to our nation being overwhelmed.
The history of immigration has largely been a success because the numbers have generally been held at the level that can easily be absorbed into our society the problem with the open borders left is that they are just too myopic to see the bigger picture and the possible consequences of the things that they advocate. That is fine when you are dealing with just one person but when that individual is but one of many thousands then we have a big problem.
Going out on a limb here I would suggest that if the Abbott government were to consider pulling out of the UN convention it would be done by providing a legislative instrument setting out the way that asylum-seekers would be treated. An instrument that enshrines in law that we offer temporary protection and that permanent residency would forever be out of the question. Likewise I would expect that those applicants who arrive without any form of documentation would generally be considered suspect. Now if this sort legal basis was enshrined in our law I tend to think that we would not be the only nation to get off the UN convention bandwagon. because we are certainly not the most put upon nation that has to deal with the mass migration from the third world.
In mediaeval Japan anyone who set foot on the shores of the land was subject to immediate beheading. We certainly do not want to get to that extreme but the more that western nations have a problem with an uncontrollable influx of the world’s poor the more brutal the methods to control the flow will surely become. This country , being an island, is better placed than either Europe or the US to have very effective border controls and it is the duty of our federal government to make-sure that those who come here are people that we choose, people who add to the whole rather than create a social problem but most importantly who can become Australians first and foremost rather than just living here.
- Visa decision will leave asylum seekers worse off, Scott Morrison says (oddonion.com)
- Immigration Minister freezes refugee visas (dailytelegraph.com.au)
- The Depths of Indecency (speakupforthose.wordpress.com)
- Morrison puts a cap on protection visas (news.theage.com.au)
- Abbott castigates Labor on TPVs (news.smh.com.au)
- Morrison puts permanent visas on hold (skynews.com.au)
- Senate quashes temporary visas (news.com.au)
- Senate quashes temporary visas (skynews.com.au)
- Morrison visa halt ‘brutal’: Labor, Greens (news.smh.com.au)
ANY REASONABLE OBSERVER would be entitled to think that the election of 7 September changed nothing; thanks to their temporary majority in the Senate, Labor and the
Communist Party Greens are obstructing every major measure presented by the Coalition. In the end, they may pay a heavy price.
It's an article of faith in Australian politics -- nay, politics in almost every Western democratic country -- that one of the most unpardonable sins a politician can commit is to tell the voters they are stupid; that they got it wrong; or that their message is so pointless, worthless and/or irrelevant that it must be summarily dismissed from consideration.