Entsch proposes novel approach to same-sex marriage laws

Liberal MP Warren Entsch says Australians should get the chance to vote on the specific legislation allowing same-sex marriage.

It would be an upset win if Liberal MP and same-sex marriage supporter Warren Entsch were to loose his seat. Source: AAP

Mr Entsch, who supports marriage equality, wants Prime Minister Malcolm Turnbull to introduce legislation to amend the Marriage Act that would be triggered in the event of a successful plebiscite.

 

But the plan is already being criticised as being too complicated, and possibly un-constitutional.

 

Tony Abbott promised a plebiscite after the next election but did not specify details about when, or what would be the policy the public would be voting on.

 

Under Mr Entsch's proposed legislation, Parliament would amend the Marriage Act - with one condition - and the changes would only come into force if there is a "Yes" vote in a plebiscite.

 

Mr Entsch says the plan would give Australians more power over the process.

 

"It actually means that the Australian population has an opportunity to say yes or no to the actual piece of legislation."

 

But the bill is already being criticised as overly complicated.

 

Labor's Terri Butler co-sponsored a bill on the issue with Mr Entsch that's already before the Parliament, that would immediately allow for gay marriage without a plebiscite.

 

She's told the ABC the issue can be solved easily.

 

"We can bring it to a head right now. All that needs to happen is that Malcolm Turnbull needs to actually exercise some authority and some influence in his party room. Let them have a free vote and then we can bring on the existing cross-party bill that's already before the Parliament, that's been debated every week since it was first introduced. We can have a debate about that, we can vote on that, we can do it this week."

 

Others are concerned the trigger legislation may not be constitutional.

 

Rodney Croome, from Australian Marriage Equality, has told the ABC he believes it's without precedent.

 

"As far as I know there has never been a public vote of the kind that's being talked about have certainly spoken to legal and constitutional experts who have expressed some concerns about whether it's even possible for the current Parliament to effectively bind the next Parliament by handing over legislative power (to the people)."