The Law Society of NSW notes the outcome of the Australian Marriage Law Postal Survey

15 November 2017

The Law Society of NSW notes the outcome of the Australian Marriage Law Postal Survey.

President of The Law Society of NSW Pauline Wright said the Law Society would scrutinise any proposed legislation and forward its recommendations to the Law Council of Australia to be included in a submission from the national body of the legal profession.

Ms Wright said the Law Society had since 2012 consistently supported the introduction of laws to enable same-sex marriage in order to address discrimination against same-sex couples.

"All Australians are entitled to be free from discrimination, to be subject to the same laws and to be treated equally before the law," Ms Wright said.

"Reform is appropriate where there are laws which discriminate against people on the basis of inherent characteristics, such as their sexual orientation or gender identity.

"At the same time, it is appropriate that any proposed legislation be scrutinised to ensure that it does not erode other traditional rights and liberties that we presently enjoy."

Ms Wright said for that reason, two working groups would be established to inform and advise the Law Society's Council and Committees about proposed reforms arising from the national postal survey.

One working group will be chaired by Robin Speed and include two other members to be nominated by him.

A second group will be appointed by the President in consultation with the chairs of the Society's Diversity and Inclusion and Human Rights Committees.

"These working groups will advise the Law Society about safeguards to protect existing freedoms and rights including rights of free speech, conscience, thought, religion, association, assembly and expression," Ms Wright said.

Ms Wright said the Law Society also acknowledged there were divergent and deeply held views within the legal profession and the broader community on the topic of same-sex marriage.

Ms Wright said it was important that people remained courteous, considerate and fair as the debate on the issue of same-sex marriage continued during the reform process.

"The views of all people should be respected. No person should be discriminated against or vilified because of their view," Ms Wright said.