Same-sex marriage postal survey can go ahead, High Court finds

The High Court has ruled for the Federal Government in two challenges over the postal survey on same sex marriage.

Marriage equality advocates have lost a High Court bid to stop the government’s same-sex marriage postal survey. Here, a "Yes" banner in support of same sex-marriage hangs in a window in Sydney. Picture: AFP

The High Court has ruled for the Federal Government in two challenges over the postal survey on same sex marriage.

In unanimous decisions the court found for the government and ordered the plaintiffs to pay costs.

The decisions were met with silence by the court which was full of supporters of same sex marriage.

LIVE: Reaction to the High Court verdict

Two legal challenges to the plebiscite were lodged by independent MP Andrew Wilkie and lobby group Australian Marriage Equality, supported by Greens senator Janet Rice and Rainbow Families convener Felicity Marlowe.

The parties argued Finance Minister Mathias Cormann invalidly invoked his power to appropriate $122 million for the Australian Bureau of Statistics to run the postal survey, without fulfilling the necessary criteria of an “urgent” and “unforeseen” need for the expenditure.

They also claimed the ABS was not empowered to collect information relating to personal opinions.

Solicitor-General Stephen Donaghue QC told the court yesterday that the appropriation for the survey was made exactly the same as previous appropriations by governments of both sides.

Dr Donaghue said there was “no public interest” in the plebiscite being challenged and disputed the claim that receiving the survey form would be offensive for some homosexual people who felt it cast aspersions on the validity of their relationships.

What they said

“That is as it should be. We encourage every Australian to vote in this survey, to have their say,” - Malcolm Turnbull.

“We have always been confident, that the process we adopted to deliver on our commitment, to give Australians a say on whether or not the law on marriage should be changed to allow same sex couples to marry, was consistent with all the relevant requirements,” - Attorney-General George Brandis.

“Will the Prime Minister work with the community to show his active support for marriage equality and will the Prime Minister now accept my invitation to write a joint letter to every Australian to support voting yes in the survey?” - Bill Shorten

Social media reaction

Alright, let's win this.#marriageequality

— Bill Shorten (@billshortenmp) September 7, 2017

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

— Lyle Shelton (@LyleShelton) September 7, 2017

I'm sorry LGBTI Australians, their families + friends have to go through this. But we're with you. Together we'll keep fighting for equality

— Tanya Plibersek (@tanya_plibersek) September 7, 2017

That's a big win for the government, no doubt about it, and puts a lid on internal tensions for now #auspol #ssm

— Troy Bramston (@TroyBramston) September 7, 2017

More to come ...