12-11-2013, 11:07 PM
(11-13-2013, 01:07 AM)crash Wrote: We had our first state legalise Gay marriage this year also. I'm not sure it's all said and done yet though. We have a very conservative, very Christian prime minister now (with a gay sister haha!), who has indicated in the past, may challenge any state legislation federally.
Saw the news earlier - your hunch was right - the state's recognition of gay marriage wasn't all said and done. It was over-ridden by Australia's High Court today.
Snip:
The judges found the ACT laws could not operate alongside federal laws as only the federal parliament had the power under the constitution to legislate on same sex marriage.
They said the Marriage Act did not allow or recognise marriages between same sex couples.
The court held the ACT Act provided for marriage equality for same sex couples.
Not, as the territory argued, for a form of legally recognised relationship which was different from marriage.
The finding means ACT Act cannot operate concurrently with the federal Act.
"Because the ACT Act does not validly provide for the formation of same sex marriages, its provisions about the rights of parties to such marriages and the dissolution of such marriages cannot have separate operation and are also of no effect," the statement said.
"The Court held that the whole of the ACT Act is of no effect."
Read more: http://www.canberratimes.com.au/act-news...html#ixzz2nDzEilmV
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Similar issues as those decided by the US Supreme Court earlier this year.
The SC Justices essentially repealed DOMA, the federal law defining marriage as a man and a woman. It's entirely up to each state to decide whether or not to recognize same sex marriage. For those states that do recognize it, gay married couples are now entitled to the same federal benefits afforded heterosexual married couples. It was a hard-won victory after two decades of battles by LGBT advocates here.
It'll be interesting to see what steps advocates for gay equality take next in Australia.