High Court hands down decision on whether the same-sex marriage postal survey can proceed

AUSTRALIANS warned of a “booby trap” in the same-sex marriage postal survey after the High Court voted for a go-ahead.

The High Court has made a decision as to whether the contentious same-sex marriage postal survey can proceed.

AUSTRALIANS will get the chance to have their say on same-sex marriage with the High Court ruling the Government can spend $122 million of taxpayers’ money on a controversial postal survey.

Ballots with the question, “Should the law be changed to allow same-sex couples to marry?” will be sent to households across the nation on September 12.

Following the High Court decision, Prime Minister Malcolm Turnbull told Question Time that “Lucy and I will be voting yes and I will be encouraging others to vote yes.” Opposition Leader Bill Shorten tweeted “Let’s win this” but warned of a “booby trap”.

Mr Shorten said there was the danger that “government conservatives” would take advantage of the lack of clarity around potential same-sex legislation to encourage a “no” vote.

“We can’t allow a booby trap by the government conservatives to derail the survey,” Mr Shorten said during a press conference. “What I warn the government against, and the Coalition members, is they said we’ve got to have a survey.

“Without a survey, they can’t do their day job. But then, if the conservatives argue, ‘We are having the survey but we haven’t seen the final details of the bill, then you must vote no’, that is a booby trap by the survey.”

It’s now all go for the postal. Picture: Mark Kolbe/Getty Images

Activist group GetUp said the Government had been “sneaky” in circumnavigating Parliament and the vote could be “the biggest own goal the Liberal party have ever seen.”

But Lyle Shelton of the Australian Christian Lobby, one of the main groups against same-sex marriage, has said the vote will be a “referendum on freedoms and radical sex education in schools”.

If a majority of people vote in favour, a vote will then be held in parliament which Turnbull says he expects will make same-sex marriage legal. If Australians vote no, Mr Turnbull has said the parliamentary vote will not proceed.

Campaigns by both the yes and no campaigns have kicked off immediately. The yes side has released a television ad campaign featuring Olympian Ian Thorpe with the catch cry “it’s about a fair go”. Both sides were reportedly handing out cards directing people to vote outside the High Court.

The Government funded the multi-million survey using laws which allowed the spending if there was an urgent need and the situation was unforeseen.

Same-sex marriage advocates had argued the survey was neither urgent nor unforeseen and the Government could not spend the funds without parliamentary approval, which it would be unlikely to get.

But the High Court ruled that was not the case, effectively giving the green light to the poll.

Alright, let's win this.#marriageequality

— Bill Shorten (@billshortenmp) September 7, 2017

Bugger. We have to face a postal survey on the worth of our relationships

— Prof Kerryn Phelps (@drkerrynphelps) September 7, 2017

It’s still on. A referendum on freedoms & radical LGBTIQ sex education in schools.

— Lyle Shelton (@LyleShelton) September 7, 2017

AG Brandis slaps down ACL & Abetz scaremongering on marriage equality survey. Says “the only question” is whether same sex couples can marry

— Senator Penny Wong (@SenatorWong) September 7, 2017

As it stands, if the same-sex marriage postal survey returns a “yes” result, a private members’ bill will likely be tabled in Parliament. It’s expected the bill will be one previously drafted by “rebel” Coalition MP Dean Smith and supported by Tim Wilson, Trent Zimmerman, Trevor Evans and Warren Enstch.

Mr Shorten said the Labor Party will be “on the frontline” and he hoped the Prime Minister would join him in taking a strong stand.

“I hope that Mr Turnbull is as fair dinkum as well,” Mr Shorten said. “To geniunely use the status of his office to actively encourage a ‘yes’ vote.

“There’s not much point in being Prime Minister if you’re not willing to go out and argue for your case.”

Sally Rugg the Marriage Equality Director of GetUp said LGBTI Australians would be “reeling” following the High Court’s decision.

“It’s clear the government have done their homework and have managed to sneakily circumvent parliament to force this postal vote on us.

“This isn’t where we wanted to be — and we’re only here because Tony Abbott is still calling the shots in this government — but the government have another thing coming if they think we’re not prepared to win.

“We’re about to make the postal vote on marriage equality the biggest own goal the Liberal party have ever seen,” she said.

Talking to news.com.au earlier on Thursday, Equality Campaign head Tiernan Brady explained why those in favour of same-sex marriage were opposed to a plebiscite.

“Australia’s parliament is where decisions about laws are taken and if we take one group of people and say your rights have to go through a tougher process before you get to Parliament that’s an unfair process,” he said.

But with the tick having been given to the survey it was full steam ahead, Mr Brady said.

“We’re in it to win it. We know that the Australian people are for [SSM] and we’ll do everything we can to ensure those values reflected in the result,” he said.

It emerged on Thursday that $14.1 million dollars had already been spent on the survey for an advertising campaign encouraging Australian to check their details on the electoral roll and on printing the ballot papers and envelopes.

In late August, the Australian Electoral Commission said 90,000 people had joined the electoral roll ahead of the same-sex marriage postal vote with almost a million Australians checking their details.

Unlike usual votes, the postal survey is voluntary. Forms need to be returned by early November but yes campaigners have predicted 80 per cent of forms could be sent back by the end of next week.