SOUTH Australian Premier Jay Weatherill wants his state to be a trailblazer in passing same sex marriage laws.
Mr Weatherill has pledged to support legislation brought before state parliament, arguing its time has come.
"South Australia has led on these issues before and we should lead the way again," he said.
"I think that two people who love one another should be allowed to get married and I don't think the state should stand in the way."
Other Labor MPs will be given a conscience vote, though the Liberal opposition will oppose the bill, suggesting it will likely fail.
Should it pass, even its proponent, Labor MP Susan Close, believes it will almost certainly face a High Court challenge.
She introduced the bill on Thursday, partly to mark the birthday of her gay brother, and on the same day as the federal Senate rejected a similar bill sponsored by the Australian Greens.
"It's not a constitutional problem in the sense that it's perfectly okay for a state to have legislation relating to marriage," Ms Close said.
"The issue will only be if the High Court determines that the commonwealth has covered the field in defining marriage as between a man and a woman.
"My view is if we believe in it we should vote for it and then allow lawyers to work that through to the High Court."
Mr Weatherill said he believed state legislation could survive a High Court challenge but he accepted there were arguments on both sides.
Opposition justice spokesman Stephen Wade believes it would be unconstitutional and would only play "a cruel and misleading trick on those seeking marriage equality".
Australian Marriage Equality spokesman Harley Schumann said the bill was an opportunity for SA to lead the way on important reform.
"We will be lobbying and campaigning hard in support of this bill," he said.
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