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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)
We live in a secular age and in this country we expect that there should be a well defined separation between church and state, however when the government of the day “gets religion” which encourages them to set up a huge edifice to promote the tenets of their faith who would be surprised that the shear cost of the instrumentality and its lack of any immediate benefit for the billions it is costing should lead them to consider shutting it all down to help a budget bottom line that is in a rather perilous state for a plan due to be delivered just prior to the next federal election:
The thing that I find amusing about this is that it actually a wise move politically for the government to contemplate this sort of departmental pruning on a number of different levels.
Firstly the staff in this department will not be missed by the public because the work they do is pointless anyway
Secondly you can bet that as a recently created instrumentality that the majority of the staff are employed on short term contracts which would make them easier to sack/dispense with
Thirdly those public servants have been on notice since the rise of Tony Abbott that they are going to be gone as soon as he gets the lodge so being sacked by Labor won’t be much different to what they were expecting anyway.
Fourthly Most work in Canberra which is a solidly Labor town so their votes would still be mostly delivered to the government anyway because you can bet that most who work in the department are likely to be Greens supporters.
Fifthly it will save lots of money on the expenditure side of the Ledger which is desperately needed to try to balance the budget to recover Wayne Swan’s economic credibility.
Then on the other hand the Coalition must be delighted at the prospect of the Gillard government wearing all of the political pain for doing that which they will be planning as one of their first items of business after September 15. They will be able to achieve the abolition of this monument to leftist hubris with out being blamed or daemonised for doing so during the election campaign. The beauty of it all just sends a shiver down my spine , further it lends a fair bit of weight to my prediction that in a post Gillard parliament a very much chastened ALP will not oppose any bill to dismantle the Carbon Tax et al because they will be so despairing about the issue that they will just want to get it behind them and move on .
As for the Greens, well I expect that they will be rather like that Shakespearean storm, all sound and fury signifying nothing.
As I suggested the other day when I reblogged Tanimo’s post there is a very distinctive lack in the sense of humour when it comes to our friends from the left. A very obvious lack of any ability to see the humour in their own tendency to take themselves too seriously. Personally I am listening to my own internal laugh track when it comes to our current federal government and trying to convince myself that what we are seeing coming out of Canberra is in fact an elaborate satire from the same author who gave us “Yes minister” and “Yes Prime Minister”. To think that the farce that is the Labor government is not a work of satire is almost too awful to contemplate, yet contemplate it we must:
What saddens me about this sort of thing is that its a bribe that won’t deliver and its totally at odds with the “tough budget” claims from Swan. Ah well at least the parents of children who get this sugar hit will get better flat screens for less as the prices are much lower now than they were when Rudd financed so many Plasmas in his first panicked response to the GFC.
All the world is a stage, and Gillard and Swan are the comedy act that is playing like a tragedy train wreck, sadly for their fans the chances of their style of act getting top billing again any time soon is ever diminishing.
The next exciting episode in the Carbon Tax saga, Or Clive Palmer puts a cat among the Green pigeons
If there is one issue that has done for Labor in general and Gillard in particular its the accursed Carbon tax. I am not a lone in thinking that the whole Carbon mitigation push is just the mother of all ponzi schemes that will be a delight to accountants and Green zealots but will leave the rest of us struggling with the ever increasing price rises to all of the everyday commodities and services that are essential to our modern life. Worse still the whole edifice will have absolutely no positive social benefits and its effect upon the climate is likely to be less than zero* once you factor in the obvious tendency that many industries and their jobs will end up being exported to countries that don’t have such a punitive and pernicious Tax or carbon trading system. With this in mind I am delighted to see that Clive Palmer is talking about challenging the legitimacy of the legislation in the High Court.
Of course the minions of the left are going to see this move as proof of their belief that the “Evil Billionaires” are indeed exerting too much influence upon the society that we all share, Hmm I think that its wrong to think like that when the issue is a foul beast like Gillard’s Carbon Tax, we ordinary folk should be eternally grateful that there are people with both the resources and the determination to oppose this unconscionable tax regime in the courts.
Of course it may not even become law the way things stand at the moment Gillard is faced with the loopy Greens wanting her to drop the promised Company Tax cuts so that there will be more money ion their slush funds for social engineering. Yep its all fun and games in Canberra as this little story arc plays out on the national soap opera. Is it any wonder that I am such a fan of the show?
While we deal with too much water per se up here in Queensland down Canberra way the political water which surrounds the embattled Prime minister just continues to get warmer with former supporter and all round nut job Andrew Wilkie now saying that he will support an, as yet unmooted by the opposition, motion of no confidence in the government.
Of course all it needs now is just one of the members that Gillard currently counts upon to cross the floor and Gillard and her motley crew would be gone. Sadly I don’t see it happening, mainly because we have a slowly boiling frog situation here in this parliament and I can’t see any of the government MPs leaping out of the pot no matter how uncomfortable the water temperature is getting. What it boils down to is that Labor members have two choices: stay in the pot with Gillard or leap into the fire of voter anger over her incompetence. Which is something like Hobbson’s choice if you ask me.
Frankly I expect that what we will see, over the near future, is just some slowly simmering frog soup flavoured by the bitter disappointment of Labor’s true believers (like our Ray 😉 ) who know the taste is unpalatable and the stench unbearable yet they have no choice but to declare that the soup is, like the curate’s egg, “good in parts”.
This blog has previously noted that Greens supporter Jeremy Sear has a far more favourable view towards left-wing protests than he does right-wing protests for no real reason other than that they belong to the same political tribe as himself.
True to form, Jeremy in his latest post disputes that the Australia Day Aboriginal ’embassy’ protest, apparently inspired by the Prime Minister’s office, involved violence.
Let’s look at the facts of this protest:
– the angry mob barricaded the PM and Opposition Leader inside a function centre, yelling obscenities and acting aggressively.
– there was pushing of and jousting with police.
– Julia Gillard’s bodyguards deemed the situation dangerous enough that they grabbed and moved the Prime Minister off.
– Protesters followed the PM and Opposition Leader to their cars, forcing police to push them off. One even jumps in front of their vehicle.
If Jeremy disputes the meaning of the term violence, perhaps he should consult a dictionary:
1. swift and intense force: the violence of a storm.
2. rough or injurious physical force, action, or treatment: to die by violence.
3. an unjust or unwarranted exertion of force or power, as against rights or laws: to take over a government by violence.
4. a violent act or proceeding.
That last definition would seem to cover what unfortunately occurred on Australia Day.
Presumably, Jeremy’s view is that there’s no violence unless someone is seriously or wilfully assaulted. What an absurd position to take.
I bet that if an angry mob presented itself outside the home of Mr and Mrs Sear and carried on in such a manner, that our friend would be quick on the phone to the police, as any sensible person would.
Here’s an indication of the calibre of some of Jeremy’s readers:
Don’t you know Jeremy: Angry people = riot = an excuse not to do anything about what made the people angry in the first place. Unless the angry people are Coalition voters of course.
It’s called realpolitik or political opportunism. Take your pick. The neocons are world class practitioners of it.
The optics of this situation are not good, but can you blame them? Abbott was being a dick, like usual, speaking without thinking
Unlike the objective intellectual dishonesty debunker that Jeremy imagines to be, he is little more than a partisan observer who cannot see things as they are if they conflict with his world-view. No wonder his readers are all of the left, and similarly blinded by their one-eyed view of things.
To this humble scribe our politics is rather like a soap opera writ large and run on every channel. From day to day we see the new drama high point as rival groups of script writers try to get their message up to the public and frankly there is some wry amusement to be found in the Australia day kerfuffle that Ray so kindly reported to the Sandpit readers as events were unfolding. Now that Julia will apparently get her shoe back (according to Britain’s Daily Mail) although you would not blame her for wanting to burn it if she does get it back. However the cutest plot twist of the whole sorry incident is the fact that it was one of the PM’s own staff who started the ball rolling on the nasty event by (dog) whistling up the land rights loony tunes from the tent embassy and misrepresenting Tony Abbott’s entirely innocuous comemnts as something far more provocative.
Of course the staffer involved has fallen on his sword, as we quite rightly expect, however you have to ask just what sort of judgement led to him being engaged in the position in the first place if he was so lacking in good sense to have done something so stupid. His lack of judgement has exposed the PM to global ridicule and set of a course of events which has set back the cause of indigenous people, destroying a huge amount of good will that they enjoyed form the general public.
Hmm it seems to me that instead of employing young lefty ideologues in her press office Gillard needs to have some wise and cautious heads who don’t actaully believe the propaganda that they sprout about the opposition leader. but then again at this point in the government’s fortunes what wise head would want to work for a PM who has the ignoble prospect of being our worst Prime Minster since federation?
Tony Hodges, who has worked in the Prime Minister’s office since 2009, told an unnamed source that Tony Abbott would be at an awards ceremony near to the Aboriginal tent embassy in Canberra on Thursday.
The PM’s office said the information was passed to activists angry at Mr Abbott just before an ugly protest led to a dramatic police rescue of Ms Gillard and Mr Abbott.
I had a rather restless night’s sleep last night and the reason is one that I’m sure every parent will appreciate; my daughter is in Sydney at present and she will be there for the next week. The occasion is the birth of her cousin’s baby and this is an expedition with her grandmother. She will be doing lots of the touristy things in our harbour city and also later visiting the nation’s capital as well
Heck I even allowed her to fly down there, which those who are familiar with my reservations about air travel will realise that it took a very big leap of faith for me to allow my first born onto an aircraft. Anyway this is the first time that she has ever been so far away and I am torn between wanting her to have the very best and most illuminating time with her grandmother and counting the hours until she is safely home again.
Its time to get out the “brave” face and to try not worry ….