Australia to vote on gay marriage reform after court challenge dismissed

Australians are set to vote on legalising same-sex marriage, potentially ending years of political stalemate, after the nation's highest court Thursday threw out two challenges to a voluntary postal ballot. There is popular support for changes to the marriage laws, but the issue has dragged on for more than a decade amid political wrangling. In the latest effort to resolve the issue, the conservative government opted for a postal survey after an election pledge to hold a national referendum was twice rejected by the upper house Senate. But it was challenged by two gay marriage advocacy groups, who said the government had exceeded its powers in funding the ballot without parliamentary approval. On Tuesday, their challenges were thrown out by the High Court, paving the way for ballot papers to be sent out as scheduled next week, with results known in November. "We encourage every Australian to vote in this survey, to have their say," Prime Minister Malcolm Turnbull, a supporter of same-sex rights, told parliament in Canberra after the court ruling. "As I have said in this House and in many other places, Lucy (wife) and I will be voting 'yes' and I will be encouraging others to vote 'yes'." If the majority of Australians vote "yes", the government will hold a free vote in parliament on the issue, with MPs not bound by party policy or the postal ballot's result. If there is a "no" outcome, there will be no parliamentary vote. "We are disappointed with the outcome," said Jonathon Hunyor, the head of the Public Interest Advocacy Centre, one of the groups that mounted the challenge. "But we now need to focus on ending discrimination against same-sex couples and making marriage equality a reality." - Courtesy and respect - The voluntary postal vote was strongly opposed by many gay marriage supporters, who said it would be expensive and divisive, subjecting gay people and their families to hate speech. Ahead of the court's decision, there were early signs the debate could turn toxic, with a poster emblazoned "stop the fags" put up in central Melbourne. There were also flyers describing homosexuality as "a curse of death" distributed in suburban Sydney, sparking calls by the government for a respectful debate. The government said safeguards would now be introduced via legislation to "support the fair and proper conduct" of the survey, which could include tighter advertising restrictions. Australia's highest-profile gay politician, Labor opposition Senator Penny Wong, opposed the ballot along with her party but said it was time to make marriage equality a reality. "We didn't want to be here but now we are here, let's win it. Let's get it done," Wong told reporters. A leading group behind the "yes" vote, The Equality Campaign, said it would be "hitting the ground running with hundreds of thousands of supporters talking about why marriage equality matters". Meanwhile, a key voice backing the "no" vote, the Australian Christian Lobby (ACL), said it would continue its campaign to inform Australians about the "consequences of changing the Marriage Act for them and their family". This would include what ACL's managing director Lyle Shelton said would be the impact of the reforms on religious freedom and the rights of parents on whether their children would be taught "radical" gay programmes in schools. Archbishop of Sydney Anthony Fisher said in a post on his archdiocese's website that the push for marriage reforms raised key questions for Australian Catholics. "If the law is changed, will Catholic parishes, schools, hospitals and welfare agencies still be free to employ lay people who profess our values?," he asked. The government has allocated Aus$122 million (US$96 million) for the postal ballot, with voting to close on November 7.