Same-sex marriage referendum could weaken federal powers: legal advice

By Mark Kenny
Updated September 5 2015 - 3:13pm, first published September 4 2015 - 11:15pm
Attorney-General George Brandis has advised a constitutional referendum is unnecessary. Photo: John Minchillo
Attorney-General George Brandis has advised a constitutional referendum is unnecessary. Photo: John Minchillo

A referendum on same-sex marriage being advocated by opponents of change could weaken Commonwealth power to legislate on marriage, according to top-level legal advice on the constitutional implications of the idea.