Should teenagers get a vote in the marriage plebiscite?
It’s a question constitutional law expert Professor George Williams raised earlier this week.
Writing in the Sydney Morning Herald Professor Williams outlined some of the challenges of setting up a plebiscite.
The law professor from the University of New South Wales is considered one of the country’s leading experts in constitutional law.
Professor Williams said there is very little precedent to guide Attorney General on how to run a plebiscite as is contrary to Australia’s system of government.
“Australia’s system of government is based on the idea that we elect representatives to make laws on our behalf.” Professor Williams wrote.
Australia has only held a plebiscite on three previous occasions. Almost one hundred years ago plebiscites were held in 1916 and 1917 to decide if conscription should be introduced during the First World War. The only other plebiscite was held in 1977 to choose the National Anthem. Professor Williams said none of these provide a model for the proposed plebiscite on marriage.
Professor Williams argues that the plebiscite should be run along similar lines to an election with compulsory voting at a ballot box.
The academic argues that organisations that are for or against the change should not receive any government funding, instead funding should be provided to a neutral organisation to provide information on how the law will be changed.
One change Professor Williams suggests might be beneficial is allowing 16 and 17 year olds to be involved in the process. Professor Williams cites the recent vote on Scottish independence as an example of where younger people have been let in on the decision making.
“This should also occur for a plebiscite on same-sex marriage.” Professor Williams said, “The federal marriage act permits 16 and 17-year-olds to marry where they have the permission of a judge or magistrate. This age group thereby has a stake in the debate, and will be affected by any change. They should accordingly be given a say.”
What do you think? Should 16 and 17 year old Australians be included in the plebiscite?
OIP Staff