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The Forum > Article Comments > Bill Shorten doesn't appear to have a strategy for winning the debate on marriage equality > Comments

Bill Shorten doesn't appear to have a strategy for winning the debate on marriage equality : Comments

By Richard King, published 30/10/2015

It's no mystery why some of the most impressive performers in this debate are from the conservative side of politics

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So you didn't go to Uni imacnt?
Posted by plantagenet, Sunday, 1 November 2015 12:16:11 PM
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imacentristmoderate,

Seeking a conservative Christian lawyer is to accept the idea that opposition to the creation of same-sex marriage is basically religious. It is not. It is just logical.

In any case, once the High Court changes the Constitution, only another High Court or a referendum can change it back. In the unlikely even that a future High Court had more literalist lawyers on it, same-sex marriage will have been so entrenched that they would be extremely unlikely to make it beyond the power of the federal parliament to legislate. We already know that the Coalition opponents of same-sex marriage are not seeking a referendum, so we can forget that too.

It should also be noted that it was not the Howard government that amended the Marriage Act by inserting the centuries-old common law definition of marriage, but Labor, Liberal and National MPs and senators, all of whom supported the amendment.

The doctrine of original intent is not well established at all but argued over because we cannot really know the intent of every individual who voted for a particular law. We have to rely in the plain English meaning of words, something that was easy to do until 2013 with regard to “marriage” in the Constitution.
Posted by Chris C, Monday, 2 November 2015 7:47:22 AM
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plantagenet, thankfully no, i did not attend a university & therefore am still capable of logical thought.

Chris C, the intent of our founding fathers is clear in their speeches at the conventions. An Oxford dictionary circa 1880 to 1890 is easily available to show what words meant then, compared to now.
Posted by imacentristmoderate, Monday, 2 November 2015 2:57:07 PM
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Rhosty

I agree - bring on the plebiscite.

Totally over it.
Posted by SAINTS, Thursday, 5 November 2015 3:43:20 PM
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