High Court strikes down Australian Capital Territory same-sex marriage law
Saturday, December 14, 2013
In a landmark decision, the High Court unanimously ruled the term "marriage" in Section 51(xxi) of thedid indeed include marriages between people of the same sex. However, the Commonwealth 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.said they knew this was a possibility.
Thelegalised same-sex marriages in October. The Commonwealth Government challenged the law in the High Court promptly once passed.
- "Australian Capital Territory legalises same-sex marriage" — Wikinews, October 23, 2013
- Noel Towell (Same-sex couples knew risk of weddings, Tony Abbott says" — , December 13, 2013). "
- Michael Inman, Lisa Cox, Ross Peake. "Same-sex marriage laws overturned by High Court" — , December 12, 2013
- "THE COMMONWEALTH OF AUSTRALIA v THE AUSTRALIAN CAPITAL TERRITORY  HCA 55" — , December 12, 2013