Abstract
On Thursday the High Court of Australia effectively struck down the nations first same-sex marriage laws. But there was a silver lining for marriage equality activists: in striking down marriage laws passed by a territorial parliament, the High Court firmly indicated that it was within the constitutional power of the Australian national parliament to legislate for same-sex marriage. The Marriage Equality (Same Sex) Act 2013was enacted by the legislature of the Australian Capital Territory (the A.C.T.) in October 2013. The law provided for a form of marriage equality within the A.C.T., and the first marriages under the legislation took place over the weekend of 7-8 December. But there was a wedding crasher. Shortly after the laws were passed, the federal government (the Commonwealth) announced a High Court challenge, arguing that the laws were inconsistent with existing federal legislation on marriage and divorce, and that those federal laws provided a comprehensive and exhaustive statement of the law for all of Australia. The Court reserved its decision for 10 days and a number of weddings took place in the interim.
| Original language | English |
|---|---|
| Publisher | Oxford Human Rights Hub |
| Place of Publication | Oxford, UK |
| Publication status | Published - 2013 |