We’ll know tomorrow if the government can push ahead with its gay marriage postal vote

WE will know by tomorrow afternoon whether the High Court will allow the controversial same-sex marriage postal plebiscite to go ahead.

The Turnbull Government is fighting to keep the postal vote on same-sex marriage alive in the High Court. Picture Kym Smith

AUSTRALIA’S highest court will determine the legal challenge to the government’s same-sex marriage postal survey on Thursday.

The full bench of the High Court has heard a two-day challenge by marriage equality advocates trying to stop the voluntary survey and will announce its orders on Thursday afternoon.

The court will advise of its ruling at 2.15pm, it said - right in the middle of Question Time in federal parliament.

The government found the $122 million for the survey by using laws to make an advance payment to the finance minister in circumstances where there is an urgent need for spending and the situation was unforeseen.

Advocates have argued the government should not have bypassed parliament in funding it.

Millions of dollars have already been spent as printing gets underway for the postal vote ballots, which will be sent by September 12 if the High Court challenge fails.

A "Vote Yes" banner in support of same sex-marriage hangs on a street in Sydney as the High Court challenge against the postal vote continues. Picture: AFP

Commonwealth solicitor-general Dr Stephen Donaghue QC said parliament had passed laws giving the finance minister the power to draw on the advance, which stands at $295 million.

“The purpose of the act is to provide a modest contingency fund to provide for urgent and unforeseen expenditure,” he told the full bench of the High Court on Wednesday.

“It is not an appropriation by executive fiat and it doesn’t suffer any of the various objectives that the plaintiffs have articulated.”

RELATED: The argument that could bring down same sex marriage postal survey

Marriage equality advocates have gone before the full bench of the High Court to try to stop the voluntary postal survey. Picture: AAP

Same-sex marriage advocates argue the spending was neither urgent nor unforeseen, two key requirements for advancing money from the pool of funds that can be used without parliamentary approval.

The survey forms are due to be posted from September 12, although the government has given a commitment not to mail them until the High Court has determined the case.

The Turnbull Government believes gay marriage could be legal by Christmas if the postal vote goes ahead and receives a majority ‘Yes’ result. Picture Kym Smith

The voluntary survey was Plan B after the Senate blocked the compulsory plebiscite promised by the coalition at the 2016 election.

Australian Marriage Equality’s barrister Katherine Richardson SC said the government’s policy was to give the people of Australia a say on the question of same-sex marriage by a plebiscite.

That was backed by an affidavit from Finance Minister Mathias Cormann, she said.

“It was not just a policy of compulsory plebiscite or nothing at all,” she told the court on Tuesday.

Originally published as We’ll know tomorrow if the government can push ahead with its gay marriage postal vote