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This article is a part of Minister for Foreign Affairs, Julie Bishop’s, ongoing contribution to Mamamia.
Australia has held two national plebiscites, also known as advisory referendums, where the government of the day sought a mandate from the Australian people on a contentious issue, but which did not require changes to the Constitution.
Both these national plebiscites were held during World War I on the emotive and controversial proposal to introduce conscription (both votes failed).
Many other previously contentious issues have been taken to the public through referendums, including an attempt to ban the Communist Party, government control over prices and granting Aborigines the right to vote.
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There have been 44 attempts to amend the Constitution with eight successful proposals.
Ireland recently decided to hold a referendum on the issue of same sex marriage, which passed with more than 60 per cent support.
This was hailed as a triumph of democratic process, with United Nations Secretary General Ban Ki Moon saying that, “The result sends an important message to the world: All people are entitled to enjoy their human rights no matter who they are or whom they love.”
There is a debate within Australia as to how the issue of same sex marriage should be resolved.
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Recognition of same sex marriage does not require a change to our Constitution. Therefore it is not necessary to hold a Constitutional referendum, which requires a national majority in addition to a majority of voters in a majority of states.
The Coalition took a commitment to the 2013 election that there would be no change in this term of Government to the Marriage Act – which defines “marriage” as between a man and a woman.
There have now been calls for the Australian Parliament to decide during this term on changes to the Marriage Act to recognise same sex marriage.