Federal government will challenge ACT marriage bill
In a major setback for聽the push for state-based marriage equality, the federal government has confirmed that it will mount a challenge against the ACT’s same-sex marriage bill in the High Court as soon as it is enacted.
Speaking from Canberra this afternoon, ACT Attorney-General Simon Corbell (pictured) confirmed to reporters that he and ACT Chief Minister Katy Gallagher were informed of the government’s intent last night by federal Attorney-General George Brandis.
The ACT Parliament is expected to pass a bill legalising same-sex marriage in the territory within days, but a High Court challenge from the federal government could quickly see the law invalidated and any further attempts to pass same-sex marriage laws at a state level rendered moot.
The government will likely challenge the bill on the grounds that the exclusive right to legislate in matters of marriage belongs to the federal parliament, as outlined in the Constitution. If the High Court agrees with the government’s inerpretation, the decision will set a precedent that could severely undermine efforts to push for marriage equality through various state Parliaments.
While marriage equality advocates have previously expressed confidence that any state or territory-based same-sex marriage law could survive a legal challenge, the ACT has seen similar legislation defeated before; in 2006 the ACT聽Civil Unions Bill 2006聽was successfully challenged by then-Attorney-General Philip Ruddock.
Well it looks like there is going to be no conscience vote on marriage equality from the Coalition. Now that Tony Abbott is PM gay marriage is likely to be at least nine years away or more. If you voted for the Coalition then you have no right to moan and complain.
Simple, invite the silly Queensland fart to a wedding and ask him to dance with the groom/bride/partner and give a little Liberal speech so he can claim expenses. He’ll be there like a shit/shot.
By winning, they admit that same-sex marriage is marriage.
Note to the writer, the 2006 bill wasn’t overturned through court challenge but by executive order. This time the Commonwealth is challenging the constitutional ability of the States and Territories to legislate for marriage equality on the courts. Apples and oranges.
Don’t forget there have been three separate legal opinions saying the states/territories can legislate for same sex marriage, as this in not in conflict with the federal Marriage Act, which only regulates opposite sex marriage. These legal opinions being – Prof George Williams, The NSW Parliamentary Committee inquiry, and today, the Tasmanian Law Reform Institute. All findings of these three groups have been made publicly avaiable.
To my knowledge the govt has not stated what their legal advice is, nor why they believe the states can not legislate against smae sex marriage.