Equality advocates take same-sex marriage postal vote to court

The calls come as the high court prepares to consider legal challenges today and some supporters of marriage equality consider a boycott.

Several Liberal Party lawmakers have expressed exasperation with the handful of colleagues, including former Prime Minister Tony Abbott, who have resisted a simple vote in Parliament.

WayOut Wodonga member Sheridan Williams, who has advocated as part of the group for the past four years, said many people who did not mind if same-sex marriage was legalised may not be bothered to fill out a form.

The retired judge labelled the vote "a novel, voluntary, non-binding, non-compulsory vote of a few citizens".

"They had the opportunity to resolve this matter through a vote in Parliament and they said 'no", he said.

"I'll be voting yes, as will (my wife), I'm very open about that but the Australian people are never wrong when they vote, whether it's for governments or on matters like this, their vote will be respected", Turnbull said.

The majority of Australians are in favour of marriage between people of the same gender, but the country is in the trailer many western countries.

Of the approximately 122 million australian dollars will be made available to the postal vote in which all of the $ 15 million will be invited to speak before the 7 November.

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Justice Kirby labelled the plan a "Mickey Mouse" endeavour.

"But let me say to you, that is what they want you to do".

'A little bit of leadership on this issue - where he speaks from the heart and speaks in terms of ideas of equality and the dignity of all people - is what is required of him now, ' he told Fairfax Media.

Mr Kirby said the postal ballot was "just a complete political improvisation and it's completely unacceptable and it should stop".

'It's unscientific, it doesn't conform to the rudimentary requirements of polling, ' he said.

The Australian Electoral Commission is understood to hold the information under its relevant laws, but it is unclear how the ABS can legally access this information from the AEC.

Labor, the Greens and crossbench senators from the Nick Xenophon Team voted to block the plebiscite, which failed on a tie at 31 votes to 31. "When we argue with each other, we are arguing and debating about what is the right way forward, what is the best way we can show our love", he said at an interfaith breakfast in Canberra on Wednesday. The government earlier this week said if the bill was voted down in the Senate, then a voluntary non-binding postal vote would occur - also at a cost of nearly $100 million, ABC reported.

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