One of the more instructive tasks one could undertake in consideration of the issue of homosexual ‘marriage’ is to review the Minutes of the NSW Parliament’s Final Report,
No. 47: Same-sex marriage law in New South Wales, 26 July 2013, by the Legislative Council’s Social Issues Committee.
The Minutes are Appendix 5 of the Final Report, pp 131-160. In his Dissenting Statement, The Hon Greg Donnelly MLC, ALP, noted:
As will be observed from reading the minutes of the deliberative meetings, held on 22nd and 23rd July 2013 when this Report and Finding was finalised, I attempted to incorporate a significant amount of material to provide a more balanced and accurate presentation of the actual legal and constitutional evidence provided to the Committee.
The additional evidence would show that:
In taking into account more accurately this evidence, it is my view that the Committee would have found that in addition to the State of New South Wales having the Constitutional power to legislate on the subject of marriage (a concurrent power shared with the Commonwealth pursuant to Section 51 (xxi) of the Australian Constitution):
His observations are also poignant concerning the ACT’s attempt to seize the Constitutional prerogative granted to the Federal Parliament to legislate for marriage for Australia.
One of the many deliberately omitted items from the body of the same report issued concerned a listing of UN Member states that have not legislated for homosexual marriage. On 22 July 2013, The Hon Greg Donnelly moved that a listing in the National Marriage Coalition’s Submission be included after references to states and countries that had legislated for homosexual ‘marriage’
The majority saw fit not to include it. Mr Donnelly was supported by The Hon Natasha Maclaren-Jones (Liberal MLC) in seeking to have this added. (Thank you.)
For the benefit of the wider public, here follows the list of UN Member states that have not legislated for homosexual marriage, as at 30 July 2013, with updates and a correction from the list submitted in Submission No 1040. It gives some context of Australia’s place in the whole debate.
Highlighting other such omissions would be a valuable exercise.
Antigua and Barbuda
Bosnia and Herzegovina
Central African Republic
Congo (Republic of the)
Democratic People’s Republic of Korea
Democratic Republic of the Congo
Lao People’s Democratic Republic
Micronesia (Federated States of)
Papua New Guinea
Republic of Korea
Republic of Moldova
Saint Kitts and Nevis
Saint Vincent and the Grenadines
Sao Tome and Principe
The former Yugoslav Republic of Macedonia
Trinidad and Tobago
United Arab Emirates
United Kingdom (Scotland, Northern Ireland)
United of Republic of Tanzania
The two non member states of the UN, the Holy See and Palestine also have not legislated for homosexual marriage.
Therefore 178 of 193 Member states do not have homosexual marriage on their statute books. In other words, 92.2% of Member states support marriage. This is hardly a landslide of opinion and legislative change in favour of this across the world.
Member states touted as likely to change are:
United Kingdom (Scotland)
*Mexico City has legislated for homosexual marriage and its Supreme Court ruled that other Mexican states must recognise these, though they have not legislated for it.
* As at 23 November 2013 the States of the United States of America that have legislated for homosexual marriage are:
Washington D.C. (District)
States that have pro-marriage amendments to their constitutions are:
Coordinator National Marriage Coalition
23 November 2013
 See: http://www.parliament.nsw.gov.au/prod/PARLMENT/committee.nsf/0/0cf0942283181ebaca257bb4001e32d4/$FILE/Report%20-%2047%20-%20Same-sex%20marriage%20law%20in%20New%20South%20Wales%20-%2026%20July%202013.pdf (accessed 29 September 2013)
 Ibid., 163.
 Ibid., 163-164.
 Pp 141-143.
 The UN has 193 current Member States. Source of Lists: United Nations Member States, United Nations Press Release ORG/1469, Department of Public Information, News and Media Division, New York, 3 July 2006, http://www.un.org/News/Press/docs/2006/org1469.doc.htm (accessed 23 February 2013). List including South Sudan: United Nations, Member States of the United Nations, Current as at 14 July 2011, http://www.un.org/en/members/index.shtml (accessed 23 February 2013). United Nations, Permanent Observers, Non-member States, http://www.un.org/en/members/nonmembers.shtml, current as at 29 November 2012 (accessed 23 February 2013).