Challenge filed in court to Australian gay marriage ballot

Jonathon Hunyor, CEO of the Public Interest Advocacy Centre, speaks in front of the law courts in Sydney, Thursday, Aug. 10, 2017, after lodging an application in the High Court for an injunction to prevent a vote on gay marriage through a non-binding ballot by mail. The so-called postal plebiscite has never been tried in Australia and faces court challenges by gay-rights advocates who want Parliament to legislate marriage equality now without an opinion poll. (AP Photo/Rick Rycroft) Jonathon Hunyor, CEO of the Public Interest Advocacy Centre, speaks in front of the law courts in Sydney, Thursday, Aug. 10, 2017, after lodging an application in the High Court for an injunction to prevent a vote on gay marriage through a non-binding ballot by mail. The so-called postal plebiscite has never been tried in Australia and faces court challenges by gay-rights advocates who want Parliament to legislate marriage equality now without an opinion poll. (AP Photo/Rick Rycroft)

By Associated Press August 10, 2017 1 min read

CANBERRA, Australia (AP) – Gay-rights advocates have lodged a High Court challenge to the government’s unusual plan to canvass Australians’ opinion on gay marriage next month, while a retired judge says he will boycott the survey.

Australians are to vote on gay marriage through a non-binding ballot by mail before the conservative government would consider legislating the issue. Lawyers lodged an application for a court injunction on Thursday that would prevent the so-called postal plebiscite from going ahead.

Retired High Court judge Michael Kirby is a gay man who supports marriage equality. He dismissed the ballot as “irregular and unscientific polling.”

Prime Minister Malcolm Turnbull said the government had legal advice that the postal ballot would withstand legal challenge.