In coming weeks, the Australian government is expected to try and pass enabling legislation for a nationwide plebiscite asking Australians if they agree people of the same sex should be allowed to marry.
It would be the first plebiscite in over a century on a policy issue.
It's one of reasons why Former High Court Judge Michael Kirby is against it.
Justice Kirby has told the ABC it will create a dangerous precedent.
"It'll mean that any time that there is something that is controverisial, that's difficult for parliamentarians to address, or they don't want to address, they'll send it out to a plebiscite. Our parliament, our parliamentary institutions in Australia and elsewhere are really not working all that well at the moment, and what we should be doing is strengthening parliament and ensuring that it gets on with its job."
He says there have been major policy issues which have not been taken to a public vote.
"We didn't do this for the Aboriginal people when we moved to give equality in law to them. We didn't do it when we dismantled the white Australia policy, which was absolutely central to our country when the Holt government began the process of getting rid of that. We didn't do it in advances on women's equality, we didn't do it most recently on disability equality and why are we now picking out the LGBT, the gay community?"
Justice Kirby, who has lived with his partner Johan van Vloten for 47 years, says the Brexit vote has showed unexpected outcomes are possible.
He says it's also likely to open the door to hateful and misleading anti-gay campaigns.
"If it goes ahead, it's going to involve a lot of running out the old issues of hatred, and animosities, abominations and all the old arguments against gay people and I think that this is going to greatly stress young people and I'm against that. I think that's a very bad thing for Australia to do."
Last week, the Australian Election Commission "strongly recommended against the conduct of a plebiscite this calendar year".
Human Services Minister Alan Tudge has told Sky News, 2017 is more likely.
"We're now getting advice from the Australian Electoral Commission to say that it's probably not practical to have it this year, so therefore it's likely to be next year."
February next year has been suggested for the vote.
But Western Australia Premier Colin Barnett is criticising those plans, as it would fall just one month ahead of WA's state election.
The AEC's recommendation has put the Prime Minister in an awkward position.
During the election campaign, Mr Turnbull said he expected the plebiscite to be held by the end of 2016 because there would be "ample time" to get it done in the spring sitting of parliament.
Labor's spokeswoman on Equality, Terri Butler, has told Sky News pushing the vote back would amount to a broken promise.
"He went to the election telling everyone it would be done before the end of the year. If that wasn't true, why did he say it or did he just not know what he was talking about? He's weak, he's been completely incompetent on this."
Cabinet minister Kelly O'Dwyer says the AEC's advice will be "considered" by cabinet but she stressed no decision had been taken yet.
