ACT Same-Sex Marriage Act in the High Court (1 Viewer)

[nerdasdasd]

GG the bill didn't pass:

 

[Crobat]

I didn't mean it like that. I mean that like people have been fighting for so long and then the high court is like "naaaaa, dw bout it"

It's not like the High Court could have come to any other decision though, else they would be acting beyond their power and essentially usurping the other arms of Government. The law was set out clearly for them and they couldn't stray from it. But what they did do was basically slap Parliament in the face by saying there's nothing in the Constitution prohibiting same sex marriages (and that it's their Act that does so) so basically Parliament just looks ignorant and stupid, baselessly denying same sex marriage. I suspect when they release their full comments (haven't read whatever is in Rafy's link yet, I'm still out) we will see the High Court is in favour of same sex marriage just to rub it into Parliament's face even more.

 

[enoilgam]

It's not like the High Court could have come to any other decision though, else they would be acting beyond their power and essentially usurping the other arms of Government.

This pretty much - a lot of people are blaming the HCA, but in reality, their job is to intepret the law, not set domestic policy (to be honest, I think this whole blaming of the court shows a general ignorance of how the judicial system operates).

 

[Crobat]

This pretty much - a lot of people are blaming the HCA, but in reality, their job is to intepret the law, not set domestic policy (to be honest, I think this whole blaming of the court shows a general ignorance of how the judicial system operates).

Yeah it was the same with the Loveridge case. I honestly think this stuff could be taught to Year 10 Commerce students so that people would lay off Judges and the Court system...

 

[Squar3root]

It's not like the High Court could have come to any other decision though, else they would be acting beyond their power and essentially usurping the other arms of Government. The law was set out clearly for them and they couldn't stray from it. But what they did do was basically slap Parliament in the face by saying there's nothing in the Constitution prohibiting same sex marriages (and that it's their Act that does so) so basically Parliament just looks ignorant and stupid, baselessly denying same sex marriage. I suspect when they release their full comments (haven't read whatever is in Rafy's link yet, I'm still out) we will see the High Court is in favour of same sex marriage just to rub it into Parliament's face even more.

awkward moment when the high court bench is gay

 

[Crobat]

awkward moment when the high court bench is gay

Michael Kirby is, he had a great speech how despite his contributions to society and achievements in law he's still ironically a second class citizen enforced by the same legal system.

 

[JustDance]

Michael Kirby is, he had a great speech how despite his contributions to society and achievements in law he's still ironically a second class citizen enforced by the same legal system.

yeah

 

[wannaspoon]

a lot of people are blaming the HCA

that argument is worse than this picture...

people be like = "Toonen's case = unlimited rights to homosexuals; let me get married please"... I'm indifferent go same sex marriage (I really don't give a hoot, in fact, I don't even know why its an issue...) but the courts do have a job to do and I'm sure the majority of them were reluctant on that ruling (hence why they held off on handing down the decision temporarily...)

Wonder how Kirby would have ruled in this case... They could perhaps try and gun for a hearing in the ICJ now... they would probably get a ruling in their favour... (Because the ICC, the ICJ and the UN clearly don't have a left wing bias and would totally be impartial and not trample all over a countries sovereignty for the purposes of their own gain...)

 

[enoilgam]

that argument is worse than this picture...

A lot of people just dont understand how the legal system operates. A lot of the opinions I'm seeing are pretty misinformed views fuelled by populism. Dont get me wrong, I want to see gay marriage legalised, but the courts arent really the place to do it (I'm not much for judicial activism).

 

[SylviaB]

Michael Kirby is, he had a great speech how despite his contributions to society and achievements in law he's still ironically a second class citizen enforced by the same legal system.

lmfao

 

[Crobat]

I think he'd had come to the same decision tbh

And I agree with enoilgam on the point about judicial activism. Not really a place for it since it kind of strays from their duty.

lmfao

His words not mine

 

[wannaspoon]

I think he'd had come to the same decision tbh

And I agree with enoilgam on the point about judicial activism. Not really a place for it since it kind of strays from their duty.

His words not mine

Although judges have a duty to the court, there is also a place for judicial activism IMO...

At times, (when I get really, really bored), I just read through some of the cases from the Old Bailey archives in the UK... there's some really crazy shit in there... Judicial activism helped break some of those habits, stigmas and inhumane acts...

http://www.oldbaileyonline.org/forms/formMain.jsp

 

[enoilgam]

Although judges have a duty to the court, there is also a place for judicial activism IMO...

At times, (when I get really, really bored), I just read through some of the cases from the Old Bailey archives in the UK... there's some really crazy shit in there... Judicial activism helped break some of those habits, stigmas and inhumane acts...

http://www.oldbaileyonline.org/forms/formMain.jsp

I'm not against judicial activism in it's entirety, because obviously at times it's necessary. I just dont think it's fair for people to blame the HCA for this issue, especially when they have done their job in this case.

 

[Crobat]

Although judges have a duty to the court, there is also a place for judicial activism IMO...

At times, (when I get really, really bored), I just read through some of the cases from the Old Bailey archives in the UK... there's some really crazy shit in there... Judicial activism helped break some of those habits, stigmas and inhumane acts...

http://www.oldbaileyonline.org/forms/formMain.jsp

Yeah that's true. But I still think judicial activism should be limited as much as possible for formality purposes.

 

[Rafy]

Interestingly though the court took the 'activist' interpretation of the constitution in that they rejected a originalist construction of the constitutional text. It just happened to lead to an unprogressive outcome on this occasion.

I doubt even Kirby J would have found cause to dissent.

 

[wannaspoon]

I doubt even Kirby J would have found cause to dissent.

I don't know...

 

[DannyBoy33]

 

[puremorning]

 

[funkshen]

i am glad that the high court has finally had the sense to rule that gays will never be married in this country

 

[funkshen]

Source? I'd want to see if this is going to be dead, buried and cremated.

go try and get gay married

enjoy your stay in GAOL