Monthly Archives: December 2013

The High Court of Australia has unanimously ruled that the federal Marriage Act 1961 overrides the recent passing of the Marriage Equality (Same Sex) Act 2013 in the ACT. Consequently the ACT law has been repealed. The marriages of 30 people who were married under the act no longer have legal standing.

In its judgement the High Court maintained that the federal government’s right to pass law on marriage is protected under the constitution. Section 51 of the Constitution grants power of marriage and divorce to the federal government (s51 xxi and s51 xxii). Since federal Act explicitly forbids the recognition of gay marriage, the state Act has no validity.

The Marriage Amendment Act of 2004 (an amendment of the federal Marriage Act), states that:

“Marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life. Certain unions are not marriages. A union solemnised in a foreign country between: (a) a man and another man; or (b) a woman and another woman; must not be recognised as a marriage in Australia

The High Court’s summary judgement states:

“The Court held that the object of the ACT Act is to provide for marriage equality for same sex couples and not for some form of legally recognised relationship which is relevantly different from the relationship of marriage which federal law provides for and recognises,”

“Accordingly, the ACT Act cannot operate concurrently with the federal Act.”

The finding puts the onus for marriage reform back onto the federal government. Gay marriage advocates will need to work harder to bring about a federal bill that overturns the common law definition of marriage on which the 2004 amendments were based.

ACT Chief Minister Katy Gallagher has no regrets about pursuing marriage equality in the state. She said the spotlight on Gay Marriage would “continued to push the debate forward”.

Gay Marriage SF

Marriage Ceremony in San Francisco, shortly after Gay Marriage laws were passed in California

1000 motorbikes burbled into Brisbane CBD today to give Premier Newman pause over the recent ‘bikie’ legislation.  Another 4000 or so people joined the riders in front of state parliament to let it be known that Queenslanders do not support the VLAD act and other incursions into rights of association.

Police set aside areas on Alice Street for motorbike parking, but these areas quickly overflowed and police were run ragged ensuring bikers were able to park safely.

The rally was positioned as non-partisan, though this didn’t stop organiser Gabriel Buckley of the Liberal Democratic Party (LDP) from using the opportunity to remind people of his nomination for the seat of Redcliffe. The former seat of disgraced LNP politician Scott Driscoll, Redcliffe will be contested in a by-election in February.

Gabriel Buckley runs on a Libertarian platform.

Along with the announcement about Buckley’s candidacy, and presence of the flag of the LDP, the rally also drew speaker David Leyonhjelm, NSW Senator-elect.  Leyonhjelm spoke about how the VLAD laws and associated legislation creates a “moral panic” in the public mind about motorbike riders.  Leyonhjelm finished his talk by saying:

“And they wonder why nobody comes to the aid of police when they are in trouble.

“I’m never going to help someone who thinks it’s ok to pull me up, search me and threaten me with jail if I don’t answer their questions merely because  am riding my motorcycle in company with a couple of other people.  If that’s what they think, they can lie on the side of the road and bleed to death.”

While the crowd had generally been positive about the talk, at this point cheering was more subdued as people tried to decide if it was appropriate to applause such a statement.

Other speakers were passionate and rousing but stopped short of wishing death on police.

Speakers included amongst others Queensland Council for Civil Liberties spokesman Michael Cope, and Electrical Trades Union spokesman Peter Simpson, who both spoke about how the legislation was not solely directed at outlaw bike clubs and how the laws will impact on civil rights.  The wife of prisoner Kevin, an ex-bikie and model prisoner now on 23 hour lockdown, spoke about her husband’s situation. Anonymous also fielded a speaker, and were present in force in the crowd.

Being the biggest rally seen at parliament house in recent times, bigger even than the very successful Rally for Rights held on the 19th of November, it is fair to say that Queensland politicians may be starting to wonder if they have woken a sleeping dragon.

Freedom Ride

Freedom Ride

Freedom Ride

Freedom Ride

Freedom Ride

Freedom Ride

Freedom Ride

Freedom Ride

Freedom Ride

December 1, 2013

Media Release

G20 Dissenters form Action Network

As Australia assumes the G20 presidency prior to the summit in November next year, concerned community members announce the formation of the Brisbane Community Action Network G20 (BrisCAN-G20).

The network has formed to facilitate community responses and raise the profile of dissent to the G20 summit. BrisCAN-G20 will foster collaborations between community groups, support community action and provide commentary and critique of the G20 and Australia’s role in it.

The network has developed out of shared concerns about the G20’s perpetuation of an abusive economic system. The Group of 20 summit outcomes privilege the wealthy over the majority, have disregard for the environment and human rights, and lack transparency and public participation. Furthermore, The Group of 20 is involved in the erosion of civil liberties as a mechanism of control and fails to provide meaningful, sustainable and just community focused solutions to global crises and conflict.

Kim Stewart from Friends of the Earth Brisbane said “While the coming together of nations could be an opportunity to promote peace, social justice and ecological sustainability, the G20 is perpetuating financial and economic system that is failing the majority of the world and destroying the planet.”

Benjamin Pennings from Generation Alpha said “It is time for Australia and the G20 to re-think our economic system and make decisions that protect the earth – our shared habitat – and deliver a just and sustainable future for our children. The G20 do not act for global good. They should not be making decisions for us.”

For more information on BrisCAN-G20 or media comment please contact:

Kim Stewart, Friends of the Earth Brisbane – 0413 397 839
Benjamin Pennings, Generation Alpha – 0418 164 014.