TASMANIAN MLCs will decide today whether to reconsider proposed same-sex marriage laws.
Murchison MLC Ruth Forrest will move debate this morning on whether the Legislative Council should reconsider the legislation it defeated by two votes last year in light of new information about its constitutional validity.
Ms Forrest said the information, including a legal opinion from High Court lawyer Bret Walker, SC, addressed concerns raised by some MLCs in last year's debate and concluded the legislation could survive a legal challenge because it did not conflict with the federal Marriage Act.
However, Mr Walker has said the Australian Capital Territory legislation, which is broader, may not survive.
The federal government issued a writ to the ACT over its laws last week and the High Court will hear directions on Monday.
Ms Forrest said the proposed legislation in Tasmania was more robust than the ACT law and it would be a furphy for MLCs claiming to be concerned about the law's constitutional validity to vote against reconsidering it on the basis of the High Court action.
Launceston independent MLC Rosemary Armitage, Huon independent MLC Paul Harriss, Pembroke Liberal MLC Vanessa Goodwin and council president, Nelson independent MLC Jim Wilkinson all listed legal and constitutional concerns among their reasons for voting against the bill in last year's debate.
If the motion is passed, the Same-Sex Marriage Bill will go back on the Legislative Council notice paper to be debated next month.