Same-sex marriage in the Australian Capital Territory
| Commonwealth v ACT (Same-sex marriage case) | |
|---|---|
 |
|
| Court | High Court of Australia |
| Decided | 12 December 2013 |
| Citation(s) | [2013] HCA 55, (2013) 250 CLR 441 |
| Case opinions | |
| The Marriage Equality (Same Sex) Act 2013 (ACT) was invalid as inconsistent with the federal Marriage Act 1961 (Cth) | |
| Court membership | |
| Judge(s) sitting | French CJ, Hayne, Crennan, Kiefel, Bell & Keane JJ |
Same-sex marriage is not legally recognised in the Australian Capital Territory, following a decision from the High Court of Australia that nullified a same-sex marriage law that had been passed by the Australian Capital Territory (ACT) legislature on 19 September 2013. The Commonwealth Government challenged the law shortly after passage and the High Court voided the legislation on 12 December 2013. The 31 same-sex marriages that had been performed under the ACT legislation are consequently void.
The ACT was the first jurisdiction in Australia to legally recognise same-sex couples in 1994. It was the second to allow joint adoption petitions by same-sex couples in 2003, following Western Australia. It also is the first (and currently, only) jurisdiction to allow Civil unions after its Civil Unions Act passed the Legislative Assembly in 2012. Previously, identical legislation was successfully rejected by the federal Howard Government in 2006. In 2013, the Legislative Assembly voted to legalise same-sex marriage, but this law was struck down by the Australian High Court.
The first legislation to officially recognise same-sex couples in the ACT was the Domestic Relationships Act 1994. This provided for distribution of property and finances in the event of a separation, and inheritance in the event of death.
Nine years later, six extra acts came into force, passed by the Stanhope Government to get end discrimination against gay men, lesbians, transgender people, their partners and their children in all ACT laws and statutes. This acts were the:
Initially proposed in March 2006, the Civil Unions Bill 2006 was intended to established civil unions for same-sex or opposite-sex couples, providing equal legal recognition with marriage under territory law. The Australian Capital Territory was the first jurisdiction in Australia to pass such legislation, attracting national attention and sparking a conflict between the ACT and the Commonwealth.
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