The Australian Capital Territory (ACT) has become the first
state or territory in Australia to pass a bill legalising same sex
marriage in Australia. The Marriage Equality (Same-Sex) Bill was
passed by the ACT's Legislative Assembly on 22 October 2013,
with a majority of only one vote.
However, the ACT Government will now face the inevitable battle
with the Federal Attorney-General, who has indicated that he
intends to challenge the ACT's legislation in the High Court.
Accordingly, the proposed new laws may be short-lived if the
Commonwealth is successful in its argument that the terms of the
legislation are inconsistent with the Marriage Act 1961
(Cth). The Marriage Act 1961 defines marriage as between a
man and a woman only, raising the prospect that any legislative
provisions to the contrary in the ACT legislation could be regarded
as inconsistent with the terms of the federal legislation and
therefore invalid to the extent of the inconsistency.
