High Court strikes down Australian Capital Territory same-sex marriage law

December 14, 2013

On Thursday the struck down the Australian Capital Territory (ACT) same-sex marriage legislation.

In a landmark decision, the High Court unanimously ruled the term "marriage" in Section 51(xxi) of the did 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.

The legalised same-sex marriages in October. The Commonwealth Government challenged the law in the High Court promptly once passed.