How can referendum be valid?
Created: May 20, 2016 08:00 AM (Updated: May 20, 2016 08:16 AM)
Same-sex couple Ariel Owens (R) and his spouse Joseph Barham walk arm in arm after they were married at San Francisco City Hall (Photo by Justin Sullivan/Getty Images)
Dear Sir,
A family member called me, asked about the referendum and informed me of the two questions that were asked.
My comments were: how can legislators pose a question in the form of a referendum that in the first instance contravenes the Human Rights Act?
For example, recently the Human Rights Act was amended to include non-discrimination on grounds of sexual orientation. The second question on the referendum asks if you support civil unions for gay couples.
How can you create a law that permits and thereby recognises a civil union between same-sex couples but denies heterosexual couples the same right?
How could a referendum with such a question be valid and not one leading to a situation that is ultra vires?
KHALID WASI