IN a crushing blow to the rights of Territorians, the Senate has voted down legislation that would allow the NT and the ACT to legislate their own laws on euthanasia.

Federal crossbench Senator David Leyonhjelm’s Bill was defeated by just two votes – 36 to 34 – in the Upper House last night after two days of passionate debate.

The legislation would have repealed a 1997 ban on territories making euthanasia laws.

Territory Chief Minister Michael Gunner and Opposition Leader Gary Higgins had both supported the legislation, which would have given the NT Parliament more right to govern its own people.

Mr Gunner said 36 Australians had just “put Territorians last”.

“Territorians will be furious that Canberra has again played games with our rights and lives,” he said.

Mr Higgins said the vote was extremely disappointing.

“I had hoped the federal senators would have voted in favour of Territorians and the Northern Territory enjoying the same rights as the other 24 million plus Australians,” he said.

“It is fundamentally unfair and unjust that Territorians should be entitled to a less democratic form of government than other Australians.

“This issue was not about euthanasia, it is about democracy, it is about the integrity of our system of government, it is about a fair go for all, including Territorians.

“I will not let this issue rest and will take every opportunity to persuade members of both houses of federal Parliament that Territorians should be treated as equals and not as second-class citizens of this great nation.”

Senator David Leyonhjelm also said it was disappointing his Restoring Territory Rights Bill 2015 failed to pass but he would continue pushing for the rights of all Australians to decide how and when to end their lives as a key Liberal Democrat policy.

“It was deeply frustrating to hear so many senators argue against my Bill in the misguided belief my Bill would somehow impact negatively on the provision of first-class palliative care for the terminally ill,” he said.

“But this was never an either/or argument.

“All Australians, no matter where they live, have the right to decide for themselves when it comes to end-of-life treatment.”

Senator Leyonhjelm said the vote demonstrated just how out of touch politicians were with their constituents, with recent polling finding almost 80 per cent of Australians supporting voluntary assisted dying in some form or another.

“My message to the Australian people is this: The Government may think it can legislate on every aspect of your life. But the Government does not own your body.

“Lobby your political representatives and demand answers as to why their personal religious or ethical beliefs continue to condemn many Australians who do not share these beliefs to intolerable suffering and helplessness at the most vulnerable point in their life.”

Territory senators Malarndirri McCarthy and Nigel Scullion both said the NT should have the same rights to decide as other states.

The Bill’s defeat means Prime Minister Malcolm Turnbull avoids a potentially divisive stoush on if it would be voted on in the Lower House.