Legal action in Australia over same sex marriage postal vote

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‍Same-sex marriage advocates on Thursday launched legal action in Australia's highest court against a controversial government plan for a postal vote on the issue, as debate raged over whether the ballot should be boycotted.

Although marriage equality is supported by a majority of Australians, the country has not joined other nations in allowing homosexual couples the right to marry amid political bickering over how the issue should be addressed.

The conservative government on Wednesday chose a postal vote after a proposed national plebiscite, which it took to elections last year, was knocked back in the upper house over opposition concerns it would spark divisive debate.

Australia's marriage equality movement continues to be stymied by divided lawmakers. /AP Photo

But marriage equality advocates said Canberra might be exceeding its executive authority in holding the paper ballot, with the Public Interest Advocacy Centre Thursday commencing proceedings in the High Court to stop it.

"We will be arguing that by going ahead without the authorization of Parliament, the government is acting beyond its power," said the advocacy group's chief Jonathon Hunyor.

"These are important issues about the way that power is exercised by governments and the role of Parliament in our democracy."

Under the government's plans costing Aus$122 million (96 million US dollar), ballots will be sent out by the Australian Bureau of Statistics from Sep 12, with the outcome of the voluntary vote announced in mid-November.

Supporters of same-sex marriage carry banners and shout slogans as they march in Sydney on August 6. /CNN Photo

If a majority of Australians vote "yes", the government would hold a free vote in parliament on the issue, with MPs not bound by party policy or by the postal ballot's result.

If there is a "no" outcome, there would be no parliamentary vote.

Supporters have called for a parliamentary vote as the best way to legalize gay marriage, with some arguing a public ballot should be boycotted as it would open the door to hate speech against the LGBTI community.

Supporters of same-sex marriage march in Sydney on August 6. /AAP Photo

Former High Court judge and prominent gay marriage supporter Michael Kirby added Thursday he would boycott the postal vote as it was "irregular and unscientific".

"It's just a complete political improvisation and it's completely unacceptable and it should stop," Kirby, who is gay, told the Australian Broadcasting Corporation.

"And I feel as a citizen I'm being treated in a second-class way."

Prime Minister Malcolm Turnbull, who supports marriage equality but has battled right-wing members of his own Liberal Party who are against legalizing such unions, on Thursday spoke out against a boycott.

"I encourage every Australian to exercise their right to vote on this matter. It's an important question," he told reporters in Canberra.

Source(s): AFP