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Director of Legal Advocacy at the Human Rights Law Centre, Anna Brown, says the new category gets the balance between religious freedom and marriage equality.
Senator Smith labelled a postal vote an even worse idea.
Marriage equality advocates have promised to launch a High Court challenge if the idea gets up based on legal advice that the government would need specific legislation to hold a postal vote on the issue and allocate sufficient funds.
Briggs on Wednesday said that his client, nonprofit advocacy organization San Diegans for Open Government, has authorized him to sue over the contested gatherings.
He expects that lawsuit to be filed in the next few weeks.
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