Greens to push gay marriage bill in Tasmania

Tasmania has picked up the baton of same-sex marriage, with the Greens to introduce an enabling bill into the state's parliament.

If successful, Tasmania would become the first state in Australia to have same-sex marriage.

Tasmania Greens MP Nick McKim today said he would bring the same-sex marriage bill, which will also provide adoption rights, to state parliament on July 1.

"Marriage is an institution that should be open to opposite-sex and same-sex couples," Mr McKim told reporters.

"We believe that this matter should have a conscience vote."

The state government, under new premier David Bartlett, was quick to say in response that marriage is a federal responsibility.

"The Greens clearly don't understand the Australian constitution, because marriage comes under the purview of the federal parliament, not the state parliament, so this is an impossibility," he told reporters.

But Mr McKim said he has legal advice from constitutional expert Professor George Williams, of the University of New South Wales, that confirms there is no barrier to a state legislating to create a same-sex marriage system.

The ACT was overridden twice, under the former and current federal governments, to introduce same-sex civil unions.

Former federal attorney-general Philip Ruddock said then that the ACT bill opened the door to bigamy and contradicted the Marriage Act's definition of marriage as being between a man and a woman.

ACT Attorney-General Simon Corbell today said the Tasmanian proposal was different from his government's attempts to create civil unions, equivalent to marriage.

"There is a legal opinion that suggests that a state does have the ability make laws in relation to same-sex marriage and that is very significantly different position," Mr Corbell told AAP today.

"It's clear that Tasmania can potentially make laws for same-sex relationships and, of course, the big difference between Tasmania and the ACT is that if the state parliament passes these laws the only way they can be overturned by the federal government is by a High Court challenge.

"Whereas in the ACT, because we are a territory, it can just be overturned by the governor-general."

Prime Minster Kevin Rudd has said that marriage is between a man and a woman, but accepted same-sex relationship registries and entitlements for same-sex de facto couples.

Tasmania was the first Australian state to create a same-sex relationship registry in 2004, providing many of the rights that married couples enjoy.

Tasmanian gay rights pioneer Rodney Croome said the right to adoption came with marriage and there was no reason why same-sex couples should be excluded from adopting.

Mr Croome, who represents the Tasmanian Gay and Lesbian Rights Group, helped lead the way on the creation of Tasmania's same-sex relationship registry.

"If marriage is to stay relevant, if marriage is to be strong and up-to-date, then we have to make sure that it embraces all of those people who have love and commitment, all of those partners that want to share their lives - including same-sex partners," he said.

Meanwhile, US county clerk offices across California have begun processing same-sex marriages this week, with hundreds of gay and lesbian couples ready to take the plunge.

AAP rq \NZP