Inquiry finds states can go it alone, paving the way for marriage equality bill in next session of parliament
NSW is one step closer to allowing same-sex marriage after a parliamentary committee found it can be legislated at a state level.
The findings have been welcomed by a cross-party working group, which described it as "a momentous step forward" for marriage equality.
NSW premier Barry O'Farrell has previously said he would prefer federal parliament to change the Marriage Act. But he said he would be prepared to go it alone if the inquiry found the state can act by itself.
He has promised a conscience vote on the issue, with a revised bill expected to be introduced in the next session of parliament.
On Friday, the report from the social issues committee of inquiry found it was constitutionally valid for NSW to legislate on same-sex marriage. However, it warned such a move could trigger a challenge in the High Court.
The findings put to rest arguments that federal parliament has sole responsibility for marriage equality laws, and that progressing same-sex marriage is not a matter for the states.
In a statement, the cross-party working group – comprised of MPs from across the political spectrum including Labor, Liberal, the Greens and an independent – welcomed the findings.
"The interest this inquiry has inspired demonstrates the support this issue has across the wider community," the statement said. The group said it remained committed to marriage equality.
"We will be examining the detail of the report, and will release further comment regarding our bill in the near future," the statement said.
The private member's bill may be voted on by the end of the year, making NSW the first Australian state to legalise same-sex marriage.
Greens MP Mehreen Faruqi, a member of the cross-party group, called on O'Farrell and opposition leader, John Robertson, to take their parties with them.
"Both the premier and opposition leader have publicly backed marriage equality; it is time they called on their parties to do the same."
She said it should not be a conscience issue.
"It's about removing discrimination from law. It's not good enough to allow a conscience vote on the rights of others."
Faruqi said the committee's report removed any doubt or obstacles to achieving constitutionally valid same-sex marriage in NSW.
"The report recognises marriage between two people who love each other is a human right," she said in a statement.
The national director of Australian Marriage Equality, Rodney Croome, said the report's findings had national implications.
He said it removed the main obstacle that had blocked reform across several states.
"We will be lobbying state MPs in earnest both in NSW and in those other states such as Tasmania and South Australia where reform has a good chance of passing," he said.
"I hope to see same-sex couples marrying in at least one state or territory by the end of the year."
Croome said marriage equality at a federal level would be preferable.
"But as long as the federal parliament continues to baulk at reform the states are the way forward."