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High Court Challenge to ACT same-sex marriage begins today

High Court Challenge to ACT same-sex marriage begins today

LAST UPDATED // Tuesday, 03 December 2013 09:15

The ACT government will take to the High Court today in defence of the ACT’s same-sex marriage act.

Marriage equality advocates have petitioned the court for leave to appear in order that they may argue in favour of allowing the ACT law to stand and to share with the court stories from thousands of same-sex couples hoping to have their dream of marriage became a reality.

The Human Rights Law Centre’s (HRLC) Director of Advocacy & Strategic Litigation, Anna Brown, said as well as being the first real test of whether states and territories can legalise same-sex marriage, she was hopeful that the case will also clarify whether or not the Constitution permits the Federal Parliament to legalise same-sex marriage.

“If permitted to intervene, we will be arguing that both the Federal Parliament and state parliaments have the constitutional power to legislate for same-sex marriages and that the ACT’s new marriage laws should be allowed to stand,” Brown commented.

The HRLC is representing Australian Marriage Equality in an application to seek leave to appear as a “friend of the court” to provide specialist information to the hearing.

Brown said whatever the outcome of the case, it is clear the majority of Australians want discrimination to end.

“There is clearly a will in Australia for marriage equality, it’s up to our politicians to ensure there is a way,” said Brown.

The High Court will decide whether to allow AME to appear at the start of today’s hearing.



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