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High Court decides the ACT’s same-sex marriage law is invalid

Today, 12 December 2013, the High Court decided unanimously that the ACT’s Marriage Equality (Same Sex) Act 2013 cannot operate concurrently with the federal Marriage Act 1961. The Court held that the federal Parliament has power under the Australian Constitution to legislate with respect to same sex marriage, and that under the Constitution and federal law as it now stands, whether same sex marriage should be provided for by law is a matter for the federal Parliament.BackgroundThe right to marry is the one significant remaining difference between the legal treatment of same-sex and heterosexual relations in Australia. While there has been a shift in community and political opinion, the issu... Read more...

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