Friday, December 13, 2013

Australia: High Court on Same Sex Marriage

Australia's High Court found the same sex marriage ACT to be inconsistent with the Federal Marriage Act and therefore unconstitutional.

Read the ruling here.

1961. The Court held that the federal Parliament has power under the Australian Constitution to legislate with respect to same sex marriage, and thatunder 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.The Court held that "marriage" in s 51(xxi) of the Constitution refers to a consensual union formed between natural persons in accordance with legally prescribed requirements which is not only aunion the law recognises as intended to endure and be terminable only in accordance with law


a union

to which the law accords a status affecting and defining mutual rights and obligations."Marriage" in s 51(xxi) includes a marriage between persons of the same sex.The
Marriage Act
does not now provide for the formation or recognition of marriage between samesex couples. The
Marriage Act

provides that a marriage can be solemnised in Australia only between a man and a woman and that a union solemnised in a foreign country between a same sexcouple must not be recognised as a marriage in Australia. That Act is a comprehensive andexhaustive statement of the law of marriage.The Court held that the object of the ACT Act is to provide for marriage equality for same sexcouples and not for some form of legally recognised relationship which is relevantly different fromthe relationship of marriage which federal law provides for and recognises. Accordingly, the ACTAct cannot operate concurrently with the federal Act

No comments: