Leslie Massey
The Australian government funded the postal survey on same-sex marriage through a $122 million allocation to the Australian Bureau of Statistics (ABS). This funding was justified under section 10, which allows the Minister to increase the budget of a government agency to meet 'urgent' and unforeseen needs. The High Court of Australia dismissed two legal challenges to the survey's funding, but it was criticised as a costly delaying tactic by same-sex marriage proponents. The survey ultimately led to the legalisation of same-sex marriage in Australia.
| Characteristics | Values |
|---|---|
| Cost | $122 million |
| Legal challenges | Two challenges were filed, both of which failed |
| Legal basis | Section 10 of the Australian Constitution |
| Legal status | Ruled lawful by the High Court of Australia |
| Purpose | To determine whether same-sex marriage should be legalised |
| Turnout | 80% |
| Result | 62% of respondents supported legalising same-sex marriage |
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What You'll Learn
- The Australian government funded the postal survey by granting an additional $122 million to the Australian Bureau of Statistics '(ABS)' 2017 budget
- The government rejected claims that the funding was unconstitutional, arguing that the cost was urgent and unforeseen
- Opponents of the survey disagreed, stating that a postal survey was proposed by a senior minister as early as March, making it a foreseen cost
- The High Court of Australia dismissed two legal challenges to the government's plan to carry out the survey, ruling that it was lawfully funded
- The postal survey was criticised by civil society organisations, and a report revealed that it had a negative impact on minority rights
The Australian government funded the postal survey by granting an additional $122 million to the Australian Bureau of Statistics '(ABS)' 2017 budget
The Australian government's decision to fund the same-sex marriage postal survey with an additional $122 million granted to the Australian Bureau of Statistics (ABS) was highly controversial. The funding was allocated to the ABS's 2017 budget under Section 10, which allows the Minister to increase the budget of a government agency to meet "urgent" expenditure needs that were "unforeseen" when the budget was passed by Parliament. The Australian government argued that the survey fell under this category, and the High Court of Australia agreed, dismissing two legal challenges to the government's plan.
The survey was conducted by the ABS, with a focus on maximising inclusivity, ease, and responsiveness. They utilised behavioural economics to encourage quick and clear responses, offered multiple response formats, and provided 24/7 customer support. The ABS also engaged with community organisations to design and deliver a citizen-centric survey, ensuring an inclusive approach and stakeholder buy-in.
Despite the government's success in court, the funding decision was criticised by some. Opponents argued that the survey was not lawfully funded and that the ABS was being asked to conduct an opinion poll, which was outside its remit. The survey was also criticised as an unnecessary hurdle to a conscience vote on same-sex marriage in Parliament, with proponents arguing that human rights issues should not be resolved by popular survey.
The outcome of the survey, with a high level of public participation, ultimately led to the Marriage Amendment (Definition and Religious Freedoms) Act 2017, which legalised same-sex marriage in Australia.
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The government rejected claims that the funding was unconstitutional, arguing that the cost was urgent and unforeseen
The Australian government's decision to spend $122 million on the optional same-sex marriage postal survey, run by the Australian Bureau of Statistics (ABS), was challenged in the High Court by two groups. The plaintiffs argued that the funding was unconstitutional, and that the ABS was being asked to conduct an opinion poll, rather than collect statistical information, which was outside of its remit.
However, the Federal Government rejected these claims, arguing that the cost was both urgent and unforeseen. Finance Minister Mathias Cormann stated that he had the power to gather the money because the survey cost was "urgent" and "unforeseen". The government's decision to bypass Parliament and fund the survey was based on Section 10, which allows the Minister to increase the budget of a government agency to meet an "urgent" need for expenditure, where that expenditure was "unforeseen" when the Budget was passed by Parliament in May 2017.
The High Court dismissed the two legal challenges, ruling that the survey was lawfully funded and that the ABS had the authority to conduct it. The Court agreed with the Solicitor-General's argument that there was no reason to believe that the ABS's power to collect statistical information did not extend to information about social views on changes to the law. The Court's decision set a precedent, indicating that similar mass surveys concerning civil liberties and minority rights could be funded in the same way.
The postal survey on same-sex marriage was controversial, with critics arguing that it was unnecessary, divisive, and harmful, and that it set a dangerous precedent for resolving human rights issues through popular surveys. Despite this, the survey achieved high levels of public trust and participation, with 80% of citizens taking part.
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Opponents of the survey disagreed, stating that a postal survey was proposed by a senior minister as early as March, making it a foreseen cost
Opponents of the survey disagreed with the government's decision to fund the postal survey, which cost $122 million. They stated that a postal survey was proposed by a senior minister as early as March, making it a foreseen cost. This contradicts the government's argument that the survey cost was "urgent" and "unforeseen".
The Justice and Equity Centre (JEC), an independent law and policy centre, led the opposition to the survey. They argued that the government's decision to bypass Parliament and fund the survey through an ''Advance to the Finance Minister' (AFM) was unlawful. Under the Constitution, the Australian Parliament must approve Commonwealth spending through an 'appropriation'. The JEC's case, known as the Wilkie case, was brought on behalf of Andrew Wilkie, an Independent MP, Felicity Marlowe, a Melbourne mother in a same-sex relationship, and PFLAG Brisbane, an organisation supporting the LGBTQIA+ community.
The Human Rights Law Centre also brought a separate case, known as the AME case, on behalf of Australian Marriage Equality and Janet Rice, a Victorian Greens Senator. Both cases raised important issues about the exercise of power by the government and the role of Parliament in Australia's democracy. They highlighted the divisive and harmful nature of the survey, arguing that human rights issues should not be resolved through popular surveys, as it sets a dangerous precedent that undermines minority group protections.
The High Court of Australia ultimately dismissed these legal challenges, ruling that the survey was lawfully funded. This decision opened the possibility for similar mass surveys concerning civil liberties and minority rights to be funded in the future. However, the survey's legality was not without criticism, with civil society organisations speaking out against it.
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The High Court of Australia dismissed two legal challenges to the government's plan to carry out the survey, ruling that it was lawfully funded
The Australian Marriage Law Postal Survey, which asked whether the law should be changed to allow same-sex couples to marry, was funded by the Australian government. The survey was subject to two legal challenges, which questioned the authority of the Australian Bureau of Statistics (ABS) to conduct the survey and the government's power to fund it from funds designated for "urgent" and "unforeseen" circumstances.
The High Court of Australia dismissed these legal challenges, ruling that the survey was lawfully funded. The Court found that the expenditure on a postal survey was sufficiently "urgent" and "unforeseen", and that it was the Finance Minister's subjective determination to make $122 million available to fund the survey. The Court also held that the ABS had the power to collect statistics about marriages, law, and the social characteristics of the population, including Australians' opinions about changing the law to allow same-sex marriage.
The two cases, known as M105/M106, were heard together and raised important issues about the exercise of power by the government and the role of Parliament in Australian democracy. The plaintiffs in the cases, including several LGBTQIA+ people, argued that the government had bypassed Parliament in funding the costly survey. They contended that under the Constitution, the Australian Parliament must approve Commonwealth spending through an 'appropriation', rather than using an 'Advance to the Finance Minister' (AFM).
The High Court's decision has implications for understanding the scope of Federal executive power and the rule of law in Australia, and it highlights the absence of a substantive human rights instrument in the country. The decision also leaves open the possibility of other mass surveys concerning civil liberties and minority rights being funded in a similar manner.
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The postal survey was criticised by civil society organisations, and a report revealed that it had a negative impact on minority rights
The Australian Marriage Law Postal Survey, which sought to gauge public opinion on the legal recognition of same-sex marriage, was criticised by civil society organisations and human rights advocates. The survey was challenged in the High Court of Australia by the Justice and Equity Centre (JEC) and the Human Rights Law Centre, who argued that the government's decision to bypass parliament in funding the survey was unlawful. The court dismissed these challenges, ruling that the survey was lawfully funded.
The survey was also criticised as an unnecessary and harmful hurdle that delayed a conscience vote on same-sex marriage in parliament. The process was deemed divisive and detrimental to the mental health and well-being of the LGBTQIA+ community and their allies. The debate was found to have activated ideological extremists and normal electoral rules did not apply, further exacerbating the negative impact on minority groups.
The final report on the survey, released in February 2018, acknowledged these concerns and recommended that the survey process should not be used again for matters pertaining to human rights. It encouraged additional funding for mental health and LGBTQIA+ organisations to mitigate the negative consequences of the survey. The report also recommended increased voter registration and education efforts in remote communities, particularly in collaboration with Indigenous peak bodies.
The Australian government's decision to conduct the postal survey on same-sex marriage sparked intense debate and legal challenges. The survey's legality was questioned, particularly regarding the government's power to fund it using designated funds for "urgent" and "unforeseen" circumstances. Despite the criticism and challenges, the High Court upheld the survey's legality, and it proceeded with a significant impact on Australia's LGBTQIA+ community and their allies.
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Frequently asked questions
The Australian government spent $122 million on the optional same-sex marriage postal survey.
Neither the "Yes" or "No" campaign received public funding in the survey.
The High Court of Australia dismissed two legal challenges to the government's plan to carry out the survey, deeming the funding lawful.
