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The High Court has just ruled the Turnbull government's postal survey on Australia legalising same-sex marriage is constitutional, clearing the way for ballots to be sent out next Tuesday, September 12.The court's full bench rejected two challenges to the survey—one lodged by Independent senator Andrew Wilkie with Parents and Friends of Lesbians And Gays (PFLAG), and another by Australians for Marriage Equality (AME) with Greens senator Janet Rice. Both argued that the government didn't have the authority to spend $122 million on the postal survey without first getting parliament's permission."We have always been confident, that the process we adopted to deliver on our commitment to give Australians a say on whether or not the law on marriage should be changed to allow same sex couples to marry, was consistent with all relevant requirements," the Turnbull government said in a media release.With its legal options exhausted, the YES Campaign has switched its focus to getting out the vote. "We know that the Australian people support marriage equality but no one can be complacent—it is about getting as many surveys returned as possible," said Tiernan Brady, executive director of the Equality Campaign. "We are in it to win it. We are committed to doing all in our power to ensure that the longheld wish of the Australian people for marriage equality for all Australians is reflected in the results of the survey."Addressing the LGBTQI community outside the High Court in Melbourne, PFLAG's Shelley Argent said, "You will get your rights, we will get marriage equality one way or another. We will not give up."Address reporters in Sydney the Australian Christian Lobby's Lyle Shelton, who is now heading up the so-called Coalition for Marriage, said the group "will continue to provide the Australian people with information regarding the consequences of changing the Marriage Act for them and their family—the impact on free speech, freedom of religion, and the rights of parents to have a say on whether their children are taught radical LGBTIQ sex and gender programs at school."Starting September 12 the Australian Bureau of Statistics (ABS) will start sending out ballot forms asking voters "should the law be changed to allow same sex couples to marry?" All Australians should receive their forms by September 25. These forms must be returned to the ABS by 6 PM on November 7. The survey result will be announced a week later on the November 15.Assuming the return of a "Yes" vote, Prime Minister Turnbull has suggested a private member's bill could be drafted and debated before the end of the year. If the postal survey returns a "No" vote, Turnbull has declared that a private vote will not go ahead, which implies the end of the marriage equality debate under the current government.In the fortnight after the postal survey was announced, nearly 100,000 new names were added to the electoral roll, according to figures released by the Australian Electoral Commission last week. Of these new additions, some 65,000 were people aged between 18-24 year old—a demographic statistically more likely to vote "Yes."However, in the few postal surveys Australia has held, young voters tend to turn out in far lower numbers. As Antony Green recently noted, only 33.9 percent of 18- to 25-year-olds turned out for the last such vote in 1997. For over 65s—a group statistically more likely to vote "No"—the participation rate was 59.2 percent last time around.More as this develops.
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