Hogan confident challenge will fail in High Court
PAGE MP Kevin Hogan remains confident the postal plebiscite challenge would fail in the High Court in the wake of the compulsory plebiscite being voted down in the Senate this week.
He said acting Special Minister of State Mattias Cormann, who is handling the High Court challenge, assured the party room the 'plan b' plebiscite was constitutional.
"(Mr Cormann) is extremely confident on the advice that he has that this is valid and it won't fall over in the high court,” Mr Hogan said.
"The Australian Bureau of Statistics has the statutory, regulatory authority to do this and they would be working with the Australian Electoral Commission in seconding staff.”
Mr Hogan addressed concerns over the non-binding nature of the vote by saying the majority of MPs against same-sex marriage, he had spoken to, would change their stance if the vote was in favour of changing the Marriage Act.
As for his own stance, Mr Hogan said he would support it on the caveat churches could reserve the right to decline to marry same-sex couples if it was against their values.
"What I would like to see is that the decision would be made by the churches themselves,” he said.
When asked to break down the costings of the $122 million national voluntary vote, Mr Hogan declined to comment. He did admit a compulsory plebiscite as initially planned was the better option.
He sympathised with concerns about the postal plebiscite inflicting trauma on those on both sides of the debate, issuing a warning to those thinking about launching vitriolic campaigns.
"Negative campaigns or saying hurtful things backfires and if you do run a negative, hurtful campaign you won't get the result you want.”
Mr Hogan encouraged the voting public to ensure they were registered on the electoral roll by the cut off date August 24.