High Court strikes down Australian Capital Territory same-sex marriage law
Saturday, December 14, 2013
On Thursday the High Court of Australia struck down the Australian Capital Territory (ACT) same-sex marriage legislation.
In a landmark decision, the High Court unanimously ruled the term "marriage" in Section 51(xxi) of the Constitution of Australia did indeed include marriages between people of the same sex. However, the Commonwealth Marriage Act 1961 does not permit or recognise same-sex marriages.
Section 109 of the Constitution says when a law is inconsistent with a law of the Commonwealth, the latter prevails. The High Court therefore struck down the ACT legislation in its entirety, ruling it was wholly inconsistent with the Commonwealth law.
Some 31 same-sex couples were married under the law in the five days from when it became effective last Saturday, December 7, and when the High Court struck it down on Thursday. Their marriages are now invalid. Prime Minister Tony Abbott said they knew this was a possibility.
The ACT Legislative Assembly legalised same-sex marriages in October. The Commonwealth Government challenged the law in the High Court promptly once passed.
Related news
- "Australian Capital Territory legalises same-sex marriage" — Wikinews, October 23, 2013
Sister links
Sources
- Noel Towell (The Canberra Times). "Same-sex couples knew risk of weddings, Tony Abbott says" — The Sydney Morning Herald, December 13, 2013
- Michael Inman, Lisa Cox, Ross Peake. "Same-sex marriage laws overturned by High Court" — The Canberra Times, December 12, 2013
- "THE COMMONWEALTH OF AUSTRALIA v THE AUSTRALIAN CAPITAL TERRITORY [2013] HCA 55" — High Court of Australia, December 12, 2013