How marriage equality was defeated in Tasmania

He again opened his mind to the Bill when it was pointed out that not a single same-sex couple shared his views because what we want is the option to marry.

But then MLCs were hit with a last minute fear and misinformation campaign from opponents of reform.

With less than 24 hours before the debate was due to begin, MLCs were avalanched with legal opinions that exaggerated the constitutional risks associated with passing the legislation.

One was from Neville Rochow SC, the Australian Family Association’s go-to guy on the constitutionality of marriage equality law.

Rochow produced a table showing the state would face a bill of up to $1.25 million if its same-sex marriage law was struck down in the High Court.

This fellow had already proven his advice is unreliable.

He had previously advised MLCs that state same-sex marriage laws are unconstitutional because the matter is one for the Commonwealth.

But in May he gave contradictory evidence to a Senate inquiry when he said the Commonwealth can’t act on same-sex marriage, so only state laws are constitutional.

http://tasmaniantimes.com/index.php/article/rodney2

Prof George Williams, who wrote the textbook on the Australian Constitution and who had already briefed MLCs on the constitutional validity of state same-sex marriage laws, pointed out the glaring mistakes in Rochow’s advice.

Together with the Tasmanian Solicitor-General he made clear a High Court loss, should it ever occur, would cost far, far less.

But on top of Rochow came a letter from former state governor and chief justice William Cox which asserted without any legal reasoning that “the present Bill is clearly inconsistent with the Federal Marriage Act”.