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Australia’s top court strikes down same-sex-marriage law in capital territory

Published time: December 12, 2013 02:43
Reuters / Artur Bainozarov

Reuters / Artur Bainozarov

Australia’s High Court struck down Thursday the Australian Capital Territory’s same-sex marriage legislation, contending that only federal parliament could amend the nation’s marriage laws.

The unanimous ruling found that the Marriage Equality (Same Sex) Act 2013 passed in the Australian Capital Territory (ACT) in October could not go into effect concurrently with the Marriage Act 1961 - a federal law outlawing same-sex marriages. ACT is a small, self-governing territory in southeast Australia which includes the country’s capital city, Canberra.

About 30 couples have married under ACT’s law, enacted in November. Their unions will be considered invalid, as the entire legislation was struck down.

The federal government challenged the law, saying it was inconsistent with Australian law.

Indeed, the High Court found that only the federal parliament can legislate same-sex marriage, according to the Australian Constitution.

The court said that Marriage Act 1961 was comprehensive and definitive on the issue of marriage as a union between a man and a woman.

The decision comes on the heels of other discouraging news for marriage equality advocates worldwide.

On Wednesday, the Indian Supreme Court struck down a 2009 ruling by a lower court to decriminalize gay sex and will uphold the ban.

And earlier this month, the majority of Croatians voted to outlaw same-sex marriage in a referendum held by the newest European Union member state.

Comments (13)

 

Muhammad Abbass 13.12.2013 12:22

Boy Interrupted.... 12.12.2013 19:06



... so what you're saying is that opposite sex couples that can't reproduce should have their marriages invalidated and be forced to find partners that can reproduce?...that's what I get out of your argument...

  


You don't want to understand really, it is simple. Marriage is a union which was created for heterosexual (i.e.: natural) unions. Homosexual unions are not natural in the sense they have no purpose beyond sexual gratification. You can do that without marriage, just like any other animal.

 

Jessica Neubeck 12.12.2013 22:18

Australia be open minded, again as long nobody gets hurt, let it be. Stop your ego, refresh from your conditioned views. Thank you

 

Boy Interrupted.... 12.12.2013 19:06

Ian Foster 12.12.2013 15:37

Just more smoke and mirrors. But I would say common sense may not be dead yet. Marriage is only for couples that can reproduce NATURALLY. Anything else is something entirely different.

  


...so what you're saying is that opposite sex couples that can't reproduce should have their marriages invalidated and be forced to find partners that can reproduce?...that's what I get out of your argument...

View all comments (13)
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