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In this episode, I’ll talk about an issue that has been bubbling away on the political agenda for a very long time now: should two people of the same sex have a legal right to be married in Australia? How have other countries come to legalise same sex marriage, and what is the current status of the debate in Australia?
Summary Matters (1:04)
- The Age: Judge calls for update on case of accused Bourke Street killer Dimitrious Gargasoulas
- The Age: Bourke Street massacre: Dimitrious ‘Jimmy’ Gargasoulas case could be the biggest Victoria has seen
- Herald Sun: Trial for accused Bourke St killer Dimitrious “Jimmy” Gargasoulas won’t be until 2018
- The Australian: Bourke St prosecution to last months
- The Guardian: Yahoo7 fined $300,000 for contempt of court over aborted murder trial
- Supreme Court of Victoria: Yahoo!7 and journalist found in contempt of court
- Crikey: Contempt of court charges for Yahoo7 and junior reporter
- DPP v Johnson & Yahoo!7 Pty Ltd [2016] VSC 699 (conviction)
- DPP v Johnson & Yahoo!7 Pty Ltd [2017] VSC 45 (sentence)
- Attorney-General of Victoria: Community Correction Order Laws In Force
- Victorian Auditor-General’s Office: Managing Community Correction Orders
- The Australian: Rise in high-risk offenders on the street
- ABC: Thousands of offenders on Community Corrections Orders at ‘high risk of reoffending’
- Herald Sun: Man accused of running black-market tanning operation faces more than 1000 charges
- News.com.au: Black market for suntans emerges following government bans on commercial use of solariums
- ABC: Melbourne couple become first to be fined under Victoria’s commercial solarium laws
- The Australian: Uber loses GST battle with ATO
- AFR: Uber loses GST fight with the Tax Office
- The Age: Taxi definition drives Uber’s case against paying GST
- AFR: Uber argues it is not a taxi to avoid paying GST
- Australian Taxation Office: Registering for GST
- Uber B.V. v Commissioner of Taxation [2017] FCA 110
Examination-in-Chief (9:03)
- Sydney Law Review: Marriage: A Human Right for All?
- United Nations: International Covenant on Civil and Political Rights, article 23
- United Nations Human Rights Committee: Joslin v New Zealand (2002)
- Sydney Law Review: Constitutional Issues Regarding Same-Sex Marriage: A Comparative Survey — North America and Australasia
- Baker v Nelson (1971-1972)
- United States v Windsor 570 U.S. ___ (2013)
- Section 3 of the Defence of Marriage Act of 1996 (US)
- Fifth Amendment to the United States Constitution
- Obergefell v Hodges 576 U.S. ___ (2015)
- Fourteenth Amendment to the United States Constitution
- Section 9 of the Constitution of the Republic of South Africa
- Minister of Home Affairs and Another v Fourie & Anor [2005] ZACC 19
- Constitution of Ireland / Bunreacht na hÉireann
- Zappone v Revenue Commissioners [2006] IEHC 404
- Thirty-fourth Amendment of the Constitution of Ireland, 2015
- Canberra Times: WA politician Stephen Dawson heads to Canberra for ‘trailblazing’ marriage
- SMH: Stephen Dawson disappointed with gay marriage ruling
- AltLJ: Marriage and equality: What’s love got to do with it?
- AltLJ: Same sex marriage and the Australian States
- AltLJ: The High Court, same sex marriage and federalism
- Marriage Amendment Act 2004 (Cth) / Explanatory Memorandum
- Constitution of the Commonwealth of Australia, sections 51(xxi), 109 and 122
- Marriage Act 1961 (Cth)
- Australian Capital Territory (Self-Government) Act 1988 (Cth)
- Marriage Equality (Same Sex) Act 2013 (ACT)
- Commonwealth v ACT [2013] HCA 55 (known as the Same-Sex Marriage Case) / Judgment Summary
- Liberal Party: Plebiscite paves way for choice on same sex marriage
- Plebiscite (Same-Sex Marriage) Bill 2016 (Cth)
- SMH: Michael Kirby warns against ‘dangerous’ political precedent of a gay marriage plebiscite
- Commonwealth Parliament: four marriage equality bills awaiting debate
- SMH: Conservative majority in 12 Coalition seats back same-sex marriage vote in 2017
- The Age: Voters in Coalition seats want free vote on same-sex marriage
- AFR: Big business backs marriage equality campaign
- News.com.au: ‘Stick to your knitting’: Dutton tells CEO’s to stay out of gay marriage
- Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill
- Herald Sun: Liberals renewed same-sex marriage debate to clear Budget’s path
- Daily Telegraph: Plan to hold national plebiscite on same sex marriage via postal vote
- Australian Electoral Commission: AEC commercial election services (fee-for-service)
Address in Reply (1:04:47)
- Councillor Rohan Leppert’s tweet about the existing Local Law
Learned Friends (1:07:20)
Adjournment (1:08:26)
- Above the Law: Arson Trial Ends With Lawyer’s Pants On Fire — Not A Metaphor, His Pants Caught Fire
- The Telegraph: Lawyer, lawyer, pants on fire: Attorney’s trousers erupt in flames during arson case in Miami
If you have comments, questions, or suggestions for future topics, I’d love to hear from you. There are a few ways you can reach me:
- Leave a comment below.
- Send me an email at robert@hearsaypodcast.com.
- Say hi to @hearsaycast on Twitter.
- You can also leave a voice message that I might include in a future episode.
I hope to hear from you soon.