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 7 September 2017: On 7 September the High Court rejected the challenge and ruled that the postal vote could proceed. Ballots were sent out from 12 September 2017.
UPDATE 14 November 2017: The results of the Australian Marriage Law Postal Survey were released on 14 November 2017: 61.6% in favour of marriage equality, 38.4% against. (Results of Australian Marriage Law Postal Survey 2017, Australian Bureau of Statistics)
UPDATE 8 December 2017: The Parliament of Australia passed the Marriage Amendment (Definition and Religious Freedoms) Act 2017 on 8 December 2017, legalising marriage equality in Australia. (Same-sex marriage bill passes House of Representatives after hundreds of hours of debate, ABC News)
Guest: The Hon. Robert French AC, Chief Justice of the High Court of Australia (2008-2017)
Host: Dr Melissa Castan
Topics for law nerds: Marriage laws, human rights, High Court, constitutional law, law reform, referendums, marriage equality, same sex marriage