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UK Wedding News

12/12/2013

Court Overturns ACT Gay Marriage Law

Australia's High Court has overruled legislation to allow gay marriage in the Australian Capital Territory (ACT).

In October, the ACT parliament has passed a bill, making it area the first part of Australia to legalise same-sex weddings. However, the national government challenged the decision and said it was not consistent with federal laws.

As a result, the 27 couples who have married since the law came into effect last weekend, will now have their unions declared invalid.

The legislation had allowed gay couples to marry inside the ACT, regardless of which state they live in. However, the federal law specified in 2004 that marriage was between a man and a woman and therefore, the High Court in Canberra ruled against the ACT law, saying that it could not stand alongside national-level legislation.

In a statement, the court said: "Whether same sex marriage should be provided for by law is a matter for the federal parliament.

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"The Marriage Act does not now provide for the formation or recognition of marriage between same sex couples. The Marriage Act provides that a marriage can be solemnised in Australia only between a man and a woman and that a union solemnised in a foreign country between a same sex couple must not be recognised as a marriage in Australia.

"That Act is a comprehensive and exhaustive statement of the law of marriage."

Commenting on the move, Australian Marriage Equality National Director Rodney Croome said: "This is devastating for those couples who married this week and for their families."

While the Australian Christian Lobby, which opposes same-sex marriage, welcomed the decision. It said: "Marriage between a man and a woman is good for society and beneficial for governments to uphold in legislation.

"It is about providing a future for the next generation where they can be raised by their biological parents, wherever possible."

However, its Managing Director Lyle Shelton expressed concern for those couples who thought they were married under the ACT legislation.

"Understandably they will be disappointed at the decision handed down today and it is unfortunate they were put in this position," he continued.

"The debate about changing the definition of marriage has been given a fair go for the past three years with nine parliamentary attempts to change it.

"Like the republican debate, the public and parliamentarians have had plenty of time to evaluate it and it is now time to move on."

(JP/MH)

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"Australia's High Court has overruled legislation to allow gay marriage in the Australian Capital Territory (ACT)."