CTH Confirms Challenge to ACT Gay Marriage Laws in HCA
Friday 11 October 2013 @ 9.25 a.m. | Legal Research
ACT Chief Minister Katy Gallagher says her Government will be pushing ahead with same-sex marriage laws despite opposition from the Federal Government with the Commonwealth confirming that it plans to challenge ACT same-sex marriage laws in the High Court when the territory enacts legislation.
The ACT Government expects the law to pass with the support of Greens Member Rattenbury when the Legislative Assembly sits later this month.
If so, the first same-sex marriages could happen as early as December.
But Federal Attorney-General George Brandis says the Commonwealth will be challenging the proposed laws in the High Court.
Senator Brandis says he has advice the ACT's Marriage Equality Bill is "invalid by reason of inconsistency" with the Commonwealth Marriage Act 1961.
"Irrespective of anyone's views on the desirability or otherwise of same-sex marriage, it is clearly in Australia's interests that there be nationally consistent marriage laws...At the moment, the Commonwealth Marriage Act provides that consistency. The ACT's proposed law is a threat to that well-established position."
ACT Attorney-General Simon Corbell says it is disappointing that the Federal Government will be challenging the laws and Chief Minister Gallagher has confirmed the ACT has received different advice that Section 51 of the Constitution doesn't provide exclusive powers for the Commonwealth in this area.
"Our law shouldn't be inconsistent with the Commonwealth law, we have drafted our laws very carefully to avoid that, to allow them to run concurrently, and that's the position we will be taking to the High Court."
If the law is struck down, any same-sex marriages would become null and void, although Mr Corbell said the ACT would recognise those commitments in another way, such as civil unions.
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