Honours Thesis - Elodie Cheesman.pdf

The socio political debate teems and with a paucity

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The socio-political debate teems, and with a paucity of High Court guidance on the scope of s 51(xxi), the legal debate remains unpasteurised. Some years ago, Geoffrey Lindell hypothesised that the longer the same-sex marriage issue is postponed for decision, the greater the chances of its eventual acceptance . 183 Indeed, the more time that passes, the more public support that is garnered. More countries recognise same-sex marriage, and more compelling are the arguments that this is representative of contemporary values. Continuing on this trajectory, it seems that when the High Court does come to determine the scope of s 51(xxi), it may well rule that Federal Parliament does have the power to legislate for same-sex marriage, and offer ‘full-cream marriage’ to Australian couples regardless of sexual orientation. 183 Lindell, ‘State legislative power to enact same-sex marriage legislation, and the effect of the Marriage Act 1961 (Cth) as amended by the Marriage Amendment Act 2004 (Cth)’, above n 36, 29.
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39 7 BIBLIOGRAPHY A Articles/Books/Reports Barnett, Randy, ‘An Originalism for Nonoriginalists’ (1999) 45 Loyola Law Review 611 Birch, Christopher, ‘Mill, Frege and the High Court: The connotation/denotation distinction in constitutional interpretation’ (2003) 23 Australian Bar Review 296 Bork, Robert H, The Tempting of America: The Political Seduction of the Law (Free Press, 1990) Brock, Margaret and Dan Meagher, ‘The legal recognition of same-sex unions in Australia: A constitutional analysis’ (2011) 22 Public Law Review 266 Bull, Melissa, Susan Pinto and Paul Richard Wilson, ‘Homosexual law reform in Australia’ (1991) 29 Australian Institute of Criminology: Trends and issues in crime and criminal justice Burmester, Henry, ‘The Presumption of Constitutionality’ (1983) 13 Federal Law Review 277 Cari, Vegjie and Benjamin Kiely, ‘The Legal Regulation of Marriage – Update’ (2005) 29 Melbourne University Law Review 569 Clarke, D, The Rule of law: Principles of Australian Public Law (LexisNexis Butterworths, 2003) Cooper, Donna, ‘For richer for poorer, in sickness and in health: Should Australia embrace same-sex marriage?’ (2005) 19 Australian Journal of Family Law 153 Craven, G (ed), The Convention Debates 1891-1898: Commentaries, Indices and Guide (Legal Books, 1986) Dawson, Daryl, ‘Intention and the Constitution – Whose Intent?’ (1990) 6 Australian Bar Review 93 Evans, Simon, ‘The Meaning of Constitutional Terms: Essential Features, Family Resemblance and Theory-Based Approaches’ (2006) 29 University of NSW Law Journal 207 Goldsworthy, Jeffrey, ‘Originalism in Constitutional Interpretation’ (1997) 25 Federal Law Review 1 Goldsworthy, Jeffrey, ‘Interpreting the Constitution in its Second Century’ (2000) 24 Melbourne University Law Review 677 Gray, Anthony, ‘The meaning of an “alien” in the constitutional universe’ (2013) 20 Australian Journal of Administrative Law 89 Heydon, The Hon Justice John Dyson, ‘Theories of constitutional interpretation: a taxonomy’ (2007) Winter 2007 Bar News 12 Hill, Graeme, ‘“Originalist” v “Progressive” Interpretations of the Constitution – Does it Matter?’ (2000) 11 Public Law Review 159 HREOC,
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