Chief Justice, is the same-sex marriage postal vote doomed?
On 5 September 2017,
the High Court of Australia will hear a legal challenge to the Federal Government's same-sex marriage postal vote. What's the legal challenge all about? Hint: it's not about human rights.
Join Robert French, former Chief Justice of the High Court of Australia, as he reflects on two very similar cases he decided that provide the basis for the current case.
CONTENT WARNING: heady legal concepts contained within. Listener discretion advised.
UPDATE: On 7 September the High Court rejected the challenge and ruled that the postal vote could proceed. Ballots are due to be sent out from 12 September, with a result expected in early October 2017.
Guest: The Hon. Robert French AC, Chief Justice of the High Court of Australia (2008-2017)
Notes: You can find the case information for the legal challenge on the High Court website, as below:
- Australian Marriage Equality Ltd & Anor v. Minister for Finance Mathias Cormann & Anor
- Wilkie & Ors v. The Commonwealth of Australia & Ors