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NSW Legislative Council Standing Committee on Social Issues

Inquiry into

Same-Sex Marriage Law in New South Wales

Finding The Committee finds that: 1. The State of New South Wales has the constitutional power to legislate on the subject of marriage. 2. Should New South Wales choose to exercise this power and enact a law for same-sex marriage, the validity of that law could be subject to challenge in the High Court of Australia. 3. If such a challenge occurs it is uncertain what the outcome of the case would be. 4. Equal marriage rights for all Australians may best be achieved under Commonwealth legislation.