High Court rules against ACT same-sex marriage law

High Court rules against ACT same-sex marriage law

LAST UPDATED // Thursday, 12 December 2013 12:30 Written by // Cec Busby

The High Court has released its decision on the fate of the ACT’s recently enacted Same-Sex Marriage Act and found in favour of the Commonwealth.

The court has ruled against the ACT, and thrown out the law as inconsistent with the Federal Marriage Act.

The 27 couples who wed since the law was enacted on Saturday December 7, will now have their marriages annulled.

The High Court will deliver its full judgement later today.


Cec Busby

Cec Busby

Cec Busby is the news editor of SX and GayNewsNetwork.com.au.

Comments (2)

  • Barrie

    12 December 2013 at 12:50 |
    Common sense prevails. You can't have separate laws in every state, territory and the Commonwealth - potentially nine different laws - in the name of equality. Especially when those laws are contrived around the sex of a couple. The ACT law discriminated against opposite sex couples in the same way the amended Commonwealth law discriminates against same sex couples. If equality is the goal (rather then just marriage itself) then the law needs to be gender neutral.
    • Emma

      12 December 2013 at 16:50 |
      True enough: laws which create a distinction for couples are discrimination in themselves - there should a single unifying marriage equality act which for all couples which is totally gender neutral. That is equality.

      Now that marriage equality is the norm in the Western World, Australia is bound to join shortly.

      The High Court decision is clear: Same-sex marriage is within provided for under s 51(xxi) of the Constitution of the Commonwealth of Australia, and the federal parliament can enact marriage equality.

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