There is nothing to stop Tasmania becoming the first state to allow gay couples to marry, a new study has found.
The Tasmania Law Reform Institute has this morning released a research paper on the issue as upper house members consider whether or not to debate same-sex marriage legislation a second time.
Last year MLCs defeated the Bill 8 to 6 with many opponents raising concerns about its constitutionality and the threat of a High Court challange.
Report author Amelia Higgs said it was impossible to predict how the High Court would handle a challenge to state-based marriage laws.
``It should be noted, however, that none of the issues raised present an absolute impediment to achieving state-based or Commonwealth marriage equality,'' Ms Higgs concludes in the report.
On Tuesday MLCs will debate a motion from independent Murchison MLC Ruth Forrest to re-consider the defeated Bill.
The full report is available at www.utas.edu.au/law-reform