NSW Premier Barry O'Fail has stabbed Federal Coalition leader Tony Abbott over gay marriage, the same day the Parliament voted gay marriage down 98-42. Mr O'Farrell, better known by the public as Mr O'Fail (after 18 months in office, 4 out of 10 don't know him), revealed he would give NSW Liberal members a conscience vote on gay marriage in the NSW Parliament, which is a federal issue. Under sections s51xxi and s51xxii of the Constitution, the Federal Government is given power over 'Marriage and divorce'
Yet arrogant, out-of-touch NSW mp's, including Nationals MP Trevor Khan and Liberal MP Bruce Notley-Smith evidently believe after only 18 months in office, they have already fixed the mess left by Labor during it's 16 years in office. They have fixed roads, health and everything else, and now, bored witless they have started tacking Federal issues, in breach of the Constiution.
You are absolutely correct, s.51 gives the Commonwealth power to make laws with respect to "marriage" however the power granted under s51 is not an "exclusive power"....the real issue may arise under s.109.
ReplyDeleteOh, and don't worry, as per the old saying....I can walk and chew gum at the same time.