Colin Barnett, who fears the plebiscite will be divisive, says the date is too close to the WA state election in March 2017

The Western Australia premier, Colin Barnett, has opposed holding a marriage equality plebiscite in February 2017 because it’s too close to his state’s election in March.

It’s a further complication to the Turnbull government’s commitment to hold the plebiscite as soon as possible.



The former high court justice Michael Kirby has also stepped up criticism of the popular vote on same-sex marriage, describing it on Monday as “alien” to Australia’s representative democracy.

Marriage equality: Warren Entsch backs February 2017 plebiscite Read more

On Sunday the prime minister’s office confirmed the government had received advice from the Australian Electoral Commission not to hold a plebiscite this year.

According to a report in the Daily Telegraph the plebiscite will be held in February and will ask voters: “Do you approve of a law to permit people of the same sex to marry?”

Barnett, who is opposed to a plebiscite because he fears it will be divisive and destructive, has now opposed the suggestion of a February plebiscite because it is too close to Western Australia’s state election.

“I would prefer that a plebiscite on same-sex marriage did not overlap [with] the state election,” he said. “They should be as separate as possible.

“In any case, it is my view that the matter should be decided by federal parliament, without the need for a plebiscite. I am concerned the issue will become divisive within the community,” Barnett said.

On Sunday the revenue minister, Kelly O’Dwyer, said no firm decision had been made on the timing or the question of the plebiscite.

But the marriage equality proponent MP Warren Entsch told Guardian Australia he understood the vote would take place in February.

Barnett’s opposition to a February plebiscite puts Malcolm Turnbull in an uncomfortable position because he has promised to hold a plebiscite as soon as practicable and has already faced criticism that it could not be held in 2016 as he had previously hoped.

Speaking on Radio National on Monday, Kirby said same-sex marriage should be a matter for parliament because Australia is a representative democracy. He said a popular vote was “alien” to our constitutional tradition but could be done if parliament enacts a law to hold one.

He warned Australians generally did not vote in favour of change in referendums and plebiscites: “It’s time parliament did address itself to the issue of marriage equality, giving it out to a plebiscite is simply an endeavour to delay or defeat the measure. It hasn’t been done by friends of equality.”

Kirby said Australia didn’t hold a plebiscite when dismantling the white Australia policy, advancing women’s equality, or the equality of people with a disability. “Why are we now picking out the LGBT, the gay community? It’s simply an instance of hate, dislike, hostility to a small minority ... it’s unAustralian.”

Kirby advocated delaying marriage equality until parliament can vote on the issue instead of holding a plebiscite.

Labor and the Greens both oppose a same-sex marriage plebiscite. Neither has committed to blocking enabling legislation despite strong indications it may from opposition leader, Bill Shorten, from shadow assistant minister for equality, Terri Butler, and an internal push to block it.

Last week the former Greens senator from South Australia and marriage equality spokesman Robert Simms called on his party to block plebiscite enabling legislation. “I support marriage equality and I believe that the parliament can and will deliver it,” he wrote in an opinion piece.

“In my view, the Senate blocking a plebiscite represents the best way to achieve that objective.”