High Court challenge to ACT same sex marriage begins

High Court challenge to ACT same sex marriage begins

The full bench of the High Court is sitting today, to hear the Federal Government’s challenge against the ACT’s same-sex marriage legislation.

The federal government will challenge the ACT law on several grounds, including conflict with the Marriage Family Law and ACT Self-Government acts.

It comes after the Territory’s parliament became the first jurisdiction to legalise same-sex marriage in October.

But the federal government is arguing the ACT Act contradicts the two federal acts, with the Commonwealth insisting there is no room for both national and regional laws on the issue.

The government’s Solicitor General says the Commonwealth  has the power to legislate a single and uniform ‘‘rule for Australian society as to what constitutes a valid marriage’’.

The Federal Government’s grounds for the challenge also argue the ACT’s Marriage Equality Same-Sex Bill is inconsistent with the ACT Self-Government Act, which says any territory law which affects a law of the Commonwealth is void.

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Libby Dreyer
Libby Dreyer 1729 posts

Libby has worked as a Senior Journalist at National Radio News since February 2011. She graduated with a Bachelor of Journalism from the University of Canberra in December 2010.

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