same-sex marriage in the Australian Capital Territory

The first legislation to officially recognise same-sex couples in the Australian Capital Territory was the Domestic Relationships Act 1994.{{cite web |title=Domestic Relationships Act 1994 |publisher=Austlii |url=http://www.austlii.edu.au/au/legis/act/consol_act/dra1994253/ |access-date=2016-01-21}} This law provided for distribution of property and finances in the event of separation, and inheritance in the event of death. In 2003 and 2004, the government of Chief Minister Jon Stanhope introduced reforms to further equalise treatment for same-sex couples and same-sex families. These acts were the Legislation (Gay, Lesbian and Transgender) Amendment Act 2003,{{cite web|url=https://www.legislation.act.gov.au/a/2003-14/|title=Legislation (Gay, Lesbian and Transgender) Amendment Act 2003|publisher=ACT Government|access-date=11 December 2018}} the Discrimination Amendment Act 2003,{{cite web|url=https://www.legislation.act.gov.au/a/2003-15/|title=Discrimination Amendment Act 2003|publisher=ACT Government|access-date=11 December 2018}} the Parentage Act 2004,{{cite web|url=https://www.legislation.act.gov.au/a/2004-1/|title=Parentage Act 2004|publisher=ACT Government|access-date=11 December 2018}} the Sexuality Discrimination Legislation Amendment Act 2004.{{cite web|url=https://www.legislation.act.gov.au/a/2004-2/|title=Sexuality Discrimination Legislation Amendment Act 2004|publisher=ACT Government|access-date=11 December 2018}} and the Human Rights Act 2004.{{cite web|url=https://www.legislation.act.gov.au/a/2004-5/|title=Human Rights Act 2004|publisher=ACT Government|access-date=11 December 2018}} These reforms introduced the definition of "domestic partnership" into numerous pieces of legislation, and allowed same-sex couples to adopt and be legally recognised as parents regardless of their gender or relationship status.

Initially proposed in March 2006, the Civil Unions Bill 2006 was intended to established civil unions for same-sex and opposite-sex couples, providing equal legal recognition to marriage under territory law.{{cite web |title= ACT to legislate for civil unions |publisher=Jon Stanhope |date=2005-12-02 |url= http://www.chiefminister.act.gov.au/media.asp?media=927&id=927§ion=24&title=Jon%20Stanhope,%20MLA |access-date= 2008-05-22}} Attorney-General Philip Ruddock said that the draft bill "[would] not satisfy the Commonwealth", which would intervene unless the bill was changed.{{cite web |title=Ruddock threatens ACT same-sex union laws |work=ABC News |date=2006-03-30 |url=http://www.abc.net.au/news/newsitems/200603/s1604208.htm |access-date=2008-05-23 }} The bill passed the Australian Capital Territory Legislative Assembly on 11 May 2006.{{cite web|title= Civil Unions Act 2006|url=http://www.austlii.edu.au/au/legis/act/repealed_act/cua2006157 |publisher=AustLII|access-date=21 January 2016}} After the law had come into force on 9 June 2006, Ruddock announced that the Commonwealth would move to overrule it. On 13 June 2006, the Federal Executive Council instructed Governor-General Michael Jeffery to disallow the Act. The Governor-General was provided with this power by the Australian Capital Territory (Self-Government) Act 1988; though this right would later be removed in 2011. The disallowance of the Civil Unions Act 2006 was heavily criticised by opposition parties and civil rights advocates, and on 15 June 2006 a motion was moved in the Australian Senate to overturn it and reinstate the legislation. This motion was defeated 30–32, with Coalition members voting against reinstating the law.{{cite web|title=Anger as gay civil union ban upheld|publisher=Sydney Morning Herald|date=15 June 2006|url=http://www.smh.com.au/news/national/anger-as-gay-civil-union-ban-upheld/2006/06/15/1149964653749.html|access-date=24 June 2014}}

In December 2006, the government indicated that it would proceed with new legislation recognising same-sex civil partnerships, based on the United Kingdom partnership model.{{cite news|author=Dunkerley, Susanna |title=Equal rights closer for ACT gay couples |publisher=NEWS.com.au |date=2006-12-12 |url=http://www.news.com.au/story/0,10117,20916301-1702,00.html?from=public_rss |access-date=2008-05-23 |url-status=dead |archive-url=https://web.archive.org/web/20080220030858/http://www.news.com.au/story/0,10117,20916301-1702,00.html?from=public_rss |archive-date=20 February 2008 }}{{cite web |title=New Bid To Pass Gay Partnership Bill In Australian Capital Territory |publisher=365Gay.com |date=2006-12-12 |url=http://www.365gay.com/Newscon06/12/121206ozAct.htm |access-date=2008-05-23 |archive-url = https://web.archive.org/web/20080208173719/http://www.365gay.com/Newscon06/12/121206ozAct.htm |archive-date = 2008-02-08}} The Attorney-General of the Australian Capital Territory, Simon Corbell, stated, "It's still our intention to give the same level of recognition provided for in the Civil Unions Act." This second bill, the Civil Partnerships Bill 2006, replaced the term "civil union" with "civil partnership", but was essentially the same in its effect as the previous bill.{{cite web |title=ACT revising same sex relationships law|publisher=ABC News Online |date=2006-10-20 |url=http://www.abc.net.au/news/newsitems/200610/s1769820.htm |access-date=2008-05-23 }} It was blocked again in February 2007.{{cite web |title = ACT tables gay partnerships bill |work= ABC News |date=2006-12-12 |url= http://www.abc.net.au/news/newsitems/200612/s1809878.htm |access-date= 2008-05-22}}{{cite news|author=Corbett, Kate |title=Gay marriage plan a risk to minors, A-G says |publisher=NEWS.com.au |date=2007-02-07 |url=http://www.news.com.au/story/0,10117,21187860-421,00.html?from=public_rss |access-date=2008-05-23 |url-status=dead |archive-url=https://web.archive.org/web/20080605191003/http://www.news.com.au/story/0,10117,21187860-421,00.html?from=public_rss |archive-date=5 June 2008 }}{{cite news|title=Minors could 'wed' under gay marriage plan |publisher=NEWS.com.au |date=2007-02-07 |url=http://www.news.com.au/story/0,10117,21185963-29277,00.html?from=public_rss |access-date=2008-05-23 |url-status=dead |archive-url=https://web.archive.org/web/20080605190958/http://www.news.com.au/story/0,10117,21185963-29277,00.html?from=public_rss |archive-date=5 June 2008 }}{{cite news|author=Corbett, Kate |title=Same-sex union Bill blocked again |publisher=NEWS.com.au |date=2007-02-06 |url=http://www.news.com.au/story/0,10117,21184064-421,00.html?from=public_rss |access-date=2008-05-23 |url-status=dead |archive-url=https://web.archive.org/web/20080605190953/http://www.news.com.au/story/0,10117,21184064-421,00.html?from=public_rss |archive-date=5 June 2008 }}

In December 2007, following the 2007 federal election and the formation of a Labor government, discussions on reintroducing a revised civil partnership bill resurfaced.{{cite web|title=AG's to discuss same sex unions |publisher=The West |url=http://www.thewest.com.au/default.aspx?MenuID=28&ContentID=49028 |access-date=2008-05-22 |url-status=dead |archive-url=https://web.archive.org/web/20080119211821/http://www.thewest.com.au/default.aspx?MenuId=28&ContentID=49028 |archive-date=19 January 2008 }}{{cite web |title= Corbell to revive gay union Act |publisher= The Canberra Times |url= http://canberra.yourguide.com.au/news/local/general/corbell-to-revive-gay-union-act/1095913.html |access-date= 2008-05-22}}{{cite news |title= ACT Govt renews push for gay 'partnerships' |work= ABC News |date= 29 November 2007 |url= http://www.abc.net.au/news/stories/2007/11/29/2105164.htm?section=justin |archive-url= https://web.archive.org/web/20071209141951/http://www.abc.net.au/news/stories/2007/11/29/2105164.htm?section=justin |url-status= dead |archive-date= 9 December 2007 |access-date= 2008-05-22}} Unlike his predecessor John Howard, Prime Minister Kevin Rudd said that he would not override ACT legislation allowing civil unions because it was "a matter for states and territories".{{cite news |author=Stafford, Annabel |title= Rudd refuses to overrule ACT on gay partnership bill |publisher=The Age |date=2007-12-07 |url=http://www.theage.com.au/articles/2007/12/06/1196812922344.html |access-date=2009-09-03 | location=Melbourne}}{{cite web |author=Scroope, Lloyd |title=Your say: Same sex unions, moral or immoral? |publisher=Yass Tribune |date=2007-12-12 |url=http://yass.yourguide.com.au/articles/1102721.html?src=topstories |access-date=2009-09-03 }} The Civil Partnerships Bill was introduced to the Legislative Assembly that same month, but quickly stalled.{{cite web |title=Media Release:ACT welcomes Prime Minister's commitment to self-government |publisher= Jon Stanhope, Chief Minister, Australian Capital Territory |url=http://www.chiefminister.act.gov.au/media.asp?media=3254§ion=52&title=Media%20Release&id=52 |access-date=2008-05-01}} In February 2008, Attorney-General Robert McClelland responded to the proposed ACT legislation, saying that the Rudd government would not allow civil unions, and reiterated the Labor Party's preference for a system of state-based relationship registers, similar to Tasmania's model. McClelland said that "the ceremonial aspects of the ACT model were inappropriate."{{cite news |title=Gay unions are OK ... just don't do it in public |publisher=The Australian |url=http://www.theaustralian.news.com.au/story/0,25197,23172362-12339,00.html |access-date=2008-05-01 |first=Paul |last=Maley |date=2008-02-07 |archive-date=11 October 2009 |archive-url=https://web.archive.org/web/20091011210048/http://www.theaustralian.news.com.au/story/0,25197,23172362-12339,00.html |url-status=dead }} The Commonwealth Government was willing to accept state-based relationship registers so long as they did not "mimic marriage" by allowing a ceremony. McClelland's position was criticised by Senator Bob Brown of the Australian Greens, who called it "the ugly face of Labor conservatism."{{cite news |title=ACT civil partnerships issue will cause government rift: Brown |url=http://www.abc.net.au/news/stories/2008/02/07/2157100.htm |archive-url=https://web.archive.org/web/20080208063843/http://www.abc.net.au/news/stories/2008/02/07/2157100.htm |url-status=dead |archive-date=8 February 2008 |publisher=Australian Broadcasting Corporation |date=2008-02-07 |access-date=2008-02-07 }}

In May 2008, after several attempts to amend the scheme, Attorney-General Simon Corbell announced that the government had abandoned its civil partnership legislation, eliminated any ceremonial aspects, and settled for a system of relationship registers virtually identical to the ones operating in Tasmania and Victoria. The Commonwealth Government had not compromised at any point during negotiations.{{cite news |title=ACT made to axe gay unions |publisher=The Australian |url=http://www.theaustralian.news.com.au/story/0,25197,23644429-2702,00.html |access-date=2008-05-05 |first1=Paul |last1=Maley |first2=Siobhain |last2=Ryan |date=2008-05-05 |archive-date=21 October 2009 |archive-url=https://web.archive.org/web/20091021130117/http://www.theaustralian.news.com.au/story/0,25197,23644429-2702,00.html |url-status=dead }}{{cite news |title=Federal veto forces ACT backdown on gay unions |publisher=The Age |url=http://www.theage.com.au/news/national/federal-veto-forces-act-backdown-on-gay-unions/2008/05/04/1209839456815.html |access-date=2008-05-05 | location=Melbourne | date=2008-05-05 |first1=Sarah |last1=Smiles}} The legislation passed the Legislative Assembly on 8 May 2008, granting same-sex couples increased access to superannuation, taxation and social security law reforms. While legislative ceremonies were removed from the bill, an administrative ceremony may be performed by a representative of the ACT Register-General. The Civil Partnerships Act 2008 commenced on 19 May 2008.{{cite news |title=Watered down same-sex laws pass in ACT |publisher=Sydney Morning Herald |url=http://news.smh.com.au/watered-down-samesex-laws-pass-in-act/20080509-2ch7.html |access-date=2008-05-09 |date=2008-05-09 |url-status=dead |archive-url=https://web.archive.org/web/20080511160041/http://news.smh.com.au/watered-down-samesex-laws-pass-in-act/20080509-2ch7.html |archive-date=2008-05-11 }}{{cite web |title=Civil Partnerships Act 2008 |publisher=ACT Government |url=http://www.legislation.act.gov.au/a/2008-14/default.asp |access-date=2008-05-20}}{{cite news |title=ACT recognises same sex couples |publisher=The Age |url=http://www.theage.com.au/news/bridal/act-recognises-same-sex-couples/2008/05/20/1211182782436.html |access-date=2008-05-20 | location=Melbourne |date=2008-05-20}}

The Civil Partnerships Amendment Bill 2009 was presented to the Legislative Assembly by the ACT Greens on 26 August 2009, allowing for ceremonies to be conducted with civil partnerships, which was the contentious item removed from the previous year's legislation.{{cite web |title= Civil Partnerships Amendment Bill 2009 |publisher=ACT Government |url=http://www.legislation.act.gov.au/b/db_35470/default.asp |access-date=2008-10-04}}{{cite web |title= ACT Legislation Register - 2009 bills presented |publisher=ACT Government |url= http://www.legislation.act.gov.au/b/annual/2009.asp |access-date=2008-10-04}} Labor initially accused the Greens of "playing politics" by resurrecting the issue, but unanimously backed the bill as a matter of principle as it was Labor Party policy to support civil unions.{{cite web |title= Labor supports civil ceremonies bill |work=ABC News |url=http://www.abc.net.au/news/stories/2009/09/22/2692806.htm |archive-url=https://web.archive.org/web/20110316124938/http://www.abc.net.au/news/stories/2009/09/22/2692806.htm |url-status=dead |archive-date=16 March 2011 |date=2009-09-22 |access-date=2008-10-04}} The bill was approved by legislators on 11 November after an amendment was inserted banning opposite-sex couples from having a civil partnership ceremony. This made the ACT the first territory in the country to legalise civil partnership ceremonies for same-sex couples.{{cite web |title=Australian territory legalises gay civil partnership ceremonies |publisher=Pink News |url=http://www.pinknews.co.uk/2009/11/11/australian-territory-legalises-gay-civil-partnership-ceremonies/ |author=Green, Jessica |date=2009-11-11 |access-date=2009-11-18}} The Commonwealth Government threatened to void the legislation, but after discussions, Attorney-General McClelland said that the issue had been resolved satisfactorily.{{cite news |title= ACT win fight on gay wedding laws |publisher=AdelaideNow |url=http://www.news.com.au/adelaidenow/story/0,,26404183-5005962,00.html |date=2009-11-26 |access-date=2009-11-30}}

The Civil Partnerships Act 2008 was subsequently repealed upon passage of the Civil Unions Act 2012;{{cite web|url=https://www.legislation.act.gov.au/a/2008-14|title=Civil Partnerships Act 2008|work=legislation.act.gov.au|access-date=6 September 2019|archive-date=6 September 2019|archive-url=https://web.archive.org/web/20190906153037/https://www.legislation.act.gov.au/a/2008-14|url-status=live}} however, entering into civil partnerships, which are now regulated by the Domestic Relationships Act 1994, remains an option for same-sex and opposite-sex couples.{{cite web|url=https://www.legislation.act.gov.au/View/a/1994-28/current/PDF/1994-28.PDF|title=Domestic Relationships Act 1994|work=www.legislation.act.gov.au|access-date=6 September 2019|archive-date=6 September 2019|archive-url=https://web.archive.org/web/20190906154951/https://www.legislation.act.gov.au/View/a/1994-28/current/PDF/1994-28.PDF|url-status=live}}

On 22 August 2012, the Civil Unions Act 2012 passed the Legislative Assembly 11–6 following legal advice that the Commonwealth Government had removed its ability to legislate for territorial and state same-sex union laws after it defined marriage as only "between man and woman" in the Marriage Amendment Act 2004. The civil union law granted many of the same rights to same-sex couples as people married under the Marriage Act.{{cite web|title=Assembly passes civil unions reforms|date=22 August 2012 |url=http://www.canberratimes.com.au/act-news/assembly-passes-civil-unions-reforms-20120822-24n0u.html}}{{cite web|title=Civil Unions Act 2012 |url=http://www5.austlii.edu.au/au/legis/act/consol_act/cua2012157 |publisher=AustLII |access-date=21 January 2016}} The Act was not challenged by the Gillard government.

The Act was to have been repealed upon commencement of the Marriage Equality (Same Sex) Act 2013, which, had it not been struck down by the High Court, would have legalised same-sex marriage in the territory. Due to the High Court holding the ACT's same-sex marriage law to be invalid, the Civil Unions Act 2012 remained in force until 2017.{{cite web|title=Civil Unions|publisher=ACT Government: Civil Union registration|date=1 December 2017|url=https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/2096|access-date=24 June 2014|archive-date=23 March 2019|archive-url=https://web.archive.org/web/20190323205525/https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/2096|url-status=dead}} From 9 December 2017, forming a new civil union is no longer possible as section 7 of the Act requires that potential couples be unable to marry under the Marriage Act 1961. When same-sex marriage was legalised, it became legally impossible to form a civil union, though existing ones remain valid. The government stated that civil unions performed prior to that date and not converted into marriages would remain valid.{{cite web |title=Why you can no longer enter into a civil union in Canberra |date=2018-12-07 |website=The Sydney Morning Herald |archive-url=https://web.archive.org/web/20230422235957/https://www.smh.com.au/politics/act/why-you-can-no-longer-enter-into-a-civil-union-in-canberra-20181207-p50kuv.html |archive-date=2023-04-22 |url-status=live |url=https://www.smh.com.au/politics/act/why-you-can-no-longer-enter-into-a-civil-union-in-canberra-20181207-p50kuv.html}}

{{main|Marriage Equality (Same Sex) Act 2013}}

On 13 September 2013, the government made the announcement that it would put forward a bill to legalise same-sex marriage, following a decade-long attempt to legislate in the area.{{cite web|title=Australian Capital Territory to legalise gay marriage by the end of the year|website=TheGuardian.com |date=13 September 2013 |url=https://www.theguardian.com/world/2013/sep/13/act-to-legalise-same-sex-marriage}} "We've been pretty clear on this issue for some time now and there's overwhelming community support for this," said Chief Minister Katy Gallagher. "We would prefer to see the federal parliament legislate for a nationally consistent scheme, but in the absence of this we will act for the people of the ACT." The bill would have enabled couples unable to marry under the Marriage Act 1961 to enter into a marriage in the ACT, and would have provided for solemnisation, eligibility, dissolution and annulment, regulatory requirements and notice of intention in relation to same-sex marriages.{{cite web|title=ACT's gay marriage test for Tony Abbott|url=http://www.theaustralian.com.au/national-affairs/election-2013/acts-gay-marriage-test-for-tony-abbott/story-fn9qr68y-1226718078855}} The bill was debated in the Legislative Assembly on 22 October 2013, and passed by 9 votes to 8.{{cite web|title=Australia to pass first same-sex marriage law next Tuesday {{!}} Gay Star News|url=http://www.gaystarnews.com/article/australia-pass-first-same-sex-marriage-law-next-tuesday171013|access-date=18 October 2013}}{{cite web |title=ACT legalises same-sex marriage |publisher=News.com.au |url=http://www.news.com.au/national/act-legalises-samesex-marriage/story-fncynjr2-1226744362166 |access-date=2013-10-22 |archive-date=12 July 2014 |archive-url=https://web.archive.org/web/20140712070609/http://www.news.com.au/national/act-legalises-samesex-marriage/story-fncynjr2-1226744362166 |url-status=dead }}

Under the Marriage Equality (Same Sex) Act 2013, same-sex marriages were allowed to be performed in the ACT from 7 December 2013.{{cite web|url=http://www.abc.net.au/news/2013-12-07/an-first-same-sex-marriages-in-canberra/5142036 |title=First same-sex marriages in Canberra |work=ABC News |date=2013-12-07 |access-date=2017-08-10}} Couples were required to give a minimum one month's notice of intention to marry and 47 couples were eligible to marry in the period between 7 and 12 December, when the High Court struck down the law.{{cite web|url=http://www.abc.net.au/news/2013-11-07/same-sex-marriage-laws-couples-give-notice-to-wed/5076066 |title=ACT same-sex marriage laws: First couples give notice of intention to marry |publisher=Abc.net.au |date=2013-11-07 |access-date=2017-08-10}} The first couple to marry was Stephen Dawson, a member of the Western Australian Legislative Council, and his partner Dennis Liddelow in Canberra on 7 December 2013. In total, 31 same-sex couples elected to marry in the five-day period between the law's implementation and its subsequent annulment by the High Court.{{cite web|url=http://citynews.com.au/2013/sex-marriage-laws-overturned/ |title=Same-sex marriage laws overturned |publisher=Citynews.com.au |date=2013-12-12 |access-date=2017-08-10}}

The law also applied to the Jervis Bay Territory, although no same-sex couple is believed to have married there in the five-day period when same-sex marriage was legal. Authorities in the City of Shoalhaven said they had hoped the law would boost tourism.{{cite web|title=Jervis Bay to cash in on gay wedding tourism|date=24 October 2013|url=https://www.abc.net.au/news/2013-10-24/jervis-bay-keen-to-cash-in-on-gay-wedding-tourism/5043634|work=ABC News}}

{{further|Marriage Equality (Same Sex) Act 2013#In the High Court: Commonwealth v ACT (2013)}}

{{Infobox court case

| name = Commonwealth v ACT

| full name =

| court = High Court of Australia

| image = Coat of Arms of Australia.svg

| date decided = 12 December 2013

| citations = {{cite AustLII|litigants= |year=2013 |court=HCA |num=55 |parallelcite=(2013) 250 CLR 441}}

| judges = French CJ, Hayne, Crennan, Kiefel, Bell & Keane JJ

| prior actions =

| subsequent actions =

| opinions = The Marriage Equality (Same Sex) Act 2013 was invalid as inconsistent with the federal Marriage Act 1961

|italic title = no

}}

On 10 October 2013, Attorney-General George Brandis confirmed that the Commonwealth Government would challenge the law, stating that the Abbott government had significant constitutional concerns.{{cite web|title=Same-sex marriage law High Court challenge confirmed|date=10 October 2013 |url=http://www.smh.com.au/federal-politics/political-news/samesex-marriage-law-high-court-challenge-confirmed-20131010-2vaqe.html|access-date=18 October 2013}} The High Court of Australia heard the government's challenge on 3 December, less than one week prior to the legislation going into effect.{{cite web|url=http://www.pinknews.co.uk/2013/11/04/december-date-set-for-high-court-challenge-of-australian-capital-territorys-equal-marriage-law/ |title=December date set for Aussie high court gay marriage challenge |publisher=Pinknews.co.uk |date=2013-11-04 |access-date=2017-08-10}} On 13 November, the Commonwealth submitted to the court its written submission, which contained arguments in support of the supposed constitutional and legal invalidity of the ACT's law, stating that the law was "inconsistent" with the provisions of the Australian Capital Territory (Self-Government) Act 1988 and the federal Marriage Act.{{cite web |url=http://www.hcourt.gov.au/assets/cases/c13-2013/Cth-ACT_Plf.pdf |title=Written submissions (Commonwealth) |date=13 November 2013}} [http://www.hcourt.gov.au/cases/case_c13-2013 Case C13/2013] High Court of Australia. Solicitor-General Justin Gleeson submitted to the High Court that:

{{blockquote|The [Commonwealth] Marriage Act simply does not permit of the possibility that a State or Territory might clothe with the legal status of marriage (or a form of marriage) a union of these kinds. It leaves no room for a State or Territory legislature to create a status of "bigamous marriage", "polygamous marriage", "arranged involuntary marriage" or "trial marriage". Similarly, within and by reason of the schema of the Marriage Act, couples who are not man and woman (whether same-sex or intersex) are and must remain for the purposes of Australian law "unmarried" persons. They remain on that side of the binary divide.}}

The ACT Government provided its submission to the court on 25 November, arguing in response to the Commonwealth that "neither the Marriage Act 1961 nor the Family Law Act 1975 manifest an intention to be an exhaustive or exclusive statement of the [Australian] law governing the institution of marriage".{{cite web |url=http://www.hcourt.gov.au/assets/cases/c13-2013/Cth-ACT_Def.pdf |title=Written submissions (ACT) |date=25 November 2013}} [http://www.hcourt.gov.au/cases/case_c13-2013 Case C13/2013] High Court of Australia. The Commonwealth filed submissions in reply.{{cite web |url=http://www.hcourt.gov.au/assets/cases/c13-2013/Cth-ACT_Reply.pdf |title=Written submissions in reply (Commonwealth) |date=29 November 2013}} [http://www.hcourt.gov.au/cases/case_c13-2013 Case C13/2013] High Court of Australia.

The High Court issued its ruling on 12 December 2013, striking down the law as inconsistent with the federal Marriage Act and proclaiming that the Constitution permitted only the Australian Parliament to make laws with respect to marriage.{{cite news|title=Australia: Gay marriage law reversed by high court less than a week after first weddings|url=https://www.independent.co.uk/news/world/australasia/australia-gay-marriage-law-reversed-less-than-a-week-after-first-weddings-8999422.html|access-date=15 December 2013|newspaper=The Independent|date=12 December 2013|author=Adam Withnall}} In its judgment, the court held that:{{cite AustLII |litigants=Commonwealth v Australian Capital Territory |year=2013 |court=HCA |num=55 |parallelcite=(2013) 250 CLR 441}}{{cite web |url=http://www.hcourt.gov.au/assets/publications/judgment-summaries/2013/hca55-2013-12-12.pdf |title=Commonwealth v ACT: judgement summary |date=12 December 2013}} [http://www.hcourt.gov.au/cases/case_c13-2013 Case C13/2013] High Court of Australia.

{{blockquote|The only issue which this Court can decide is a legal issue. Is the Marriage Equality (Same Sex) Act 2013, enacted by the Legislative Assembly for the Australian Capital Territory, inconsistent with either or both of two Acts of the federal Parliament: the Marriage Act 1961 and the Family Law Act 1975? That question must be answered "Yes". Under the Constitution and federal law as it now stands, whether same sex marriage should be provided for by law (as a majority of the Territory Legislative Assembly decided) is a matter for the federal Parliament.}}

The court went further to clarify the extent of the inconsistency of the ACT law with the federal law by stating that:

{{blockquote|The 2004 amendments to the [federal] Marriage Act made plain (if it was not already plain) that the federal marriage law is a comprehensive and exhaustive statement of the law of marriage...These particular provisions of the Marriage Act, read in the context of the whole Act, necessarily contain the implicit negative proposition that the kind of marriage provided for by the Act is the only kind of marriage that may be formed or recognised in Australia. It follows that the provisions of the ACT Act which provide for marriage under that Act cannot operate concurrently with the [federal] Marriage Act and accordingly are inoperative.}}

However, the court went on to determine that the word "marriage" in Section 51(xxi) of the Constitution means "a consensual union formed between natural persons in accordance with legally prescribed requirements" where that union is "intended to endure and be terminable only in accordance with law" and "accords a status affecting and defining mutual rights and obligations".{{Cite AustLII|litigants=Commonwealth v Australian Capital Territory|link=Commonwealth v Australian Capital Territory|source=HCA|num=55|year=2013|pinpoint=para 33|parallelcite=(2013) 250 CLR 441}}. Therefore, it included same-sex marriage thus clarifying that there is no constitutional impediment to the Commonwealth legislating for same-sex marriage in the future and as such that a same-sex marriage law passed by the Parliament could operate lawfully. The ruling closed off the possibility for a state or territory to legislate for same-sex marriage in the absence of a federal same-sex marriage law.

File:Rainbow ACTION bus September 2017.jpg

The Parliament of Australia legalised same-sex marriage nationwide in December 2017 following passage of the Marriage Amendment (Definition and Religious Freedoms) Act 2017. The new law came into effect on 9 December 2017.{{cite web|url=http://www.abc.net.au/news/2017-12-08/same-sex-marriage-legal-after-gg-approval/9239334|title=Same-sex marriage signed into law by Governor-General, first weddings to happen from January 9|work=ABC News|date=8 December 2017}} After the signing of the legislation, the ACT offered free marriage licenses for couples who had married under the 2013 law and who wished to reaffirm their vows, and for couples registered in a civil union.{{cite news|title=Free marriages for same-sex couples who wed in Canberra in 2013|url=http://www.abc.net.au/news/2017-12-08/free-marriages-for-same-sex-couples-who-wed-in-canberra/9239238|access-date=8 December 2017|work=ABC News|date=8 December 2017|language=en-AU}} The passage of the 2017 federal law followed a voluntary postal survey of all Australians, in which 61.6% of respondents supported the legalisation of same-sex marriage.{{Cite web |last=Commons Librarian |date=12 August 2021 |title=Marriage Equality Campaign Timeline and Reflections |url=https://commonslibrary.org/marriage-equality-campaign-timeline-and-reflections/ |access-date=4 August 2022 |website=The Commons Social Change Library |language=en-AU}} The ACT reported the highest "Yes" vote of any state or territory at 74.0%.

According to the 2021 Australian census, there were 1,959 same-sex couples living in the ACT, accounting for about 1.9% of all couples.{{cite web|url=https://www.abs.gov.au/articles/same-sex-couples-living-together-australia|title=Same-sex couples living together in Australia|work=Australian Bureau Statistics|access-date=7 May 2025}}

Most major religious organisations in the Australian Capital Territory do not perform or bless same-sex marriages in their places of worship. The largest religious denomination permitting same-sex marriage is the Uniting Church in Australia. On 13 July 2018, its National Assembly approved the creation of marriage rites for same-sex couples.{{cite news |last=Sandeman |first=John |date=13 July 2018 |title=Uniting Church to hold same sex marriages |url=https://www.eternitynews.com.au/australia/uniting-church-to-hold-same-sex-marriage/ |work=Eternity |location=Australia |access-date=13 July 2018 |archive-date=7 December 2018 |archive-url=https://web.archive.org/web/20181207170400/https://www.eternitynews.com.au/australia/uniting-church-to-hold-same-sex-marriage/ |url-status=live }} The change incorporated a gender-neutral definition of marriage in the Church's official statement, though also retained the existing statement on marriage as a heterosexual union, which the Church described as an "equal yet distinct" approach to the issue.{{cite web|url=https://assembly.uca.org.au/news/item/2876-mutual-affirmation-a-theological-reflection-on-marriage-and-same-gender-relationships|title=Mutual Affirmation: A Theological Reflection on Marriage and Same Gender Relationships|work=Uniting Church in Australia|date=14 September 2018|author=Rev Dr Ji Zhang|access-date=20 September 2018|archive-date=23 March 2019|archive-url=https://web.archive.org/web/20190323185956/https://assembly.uca.org.au/news/item/2876-mutual-affirmation-a-theological-reflection-on-marriage-and-same-gender-relationships|url-status=live}} Same-sex marriages have been permitted in the Uniting Church since 21 September 2018.{{cite web|url=https://theconversation.com/after-a-long-struggle-the-uniting-church-becomes-the-first-to-offer-same-sex-marriage-102842|title=After a long struggle, the Uniting Church becomes the first to offer same-sex marriage|work=The Conversation|date=17 September 2018|author=Robyn J. Whitaker|access-date=20 September 2018|archive-date=22 September 2018|archive-url=https://web.archive.org/web/20180922051841/http://theconversation.com/after-a-long-struggle-the-uniting-church-becomes-the-first-to-offer-same-sex-marriage-102842|url-status=live}} Some other religious denominations support and solemnise same-sex marriages, including Buddhist groups,{{cite web |url=http://www.buddhistcouncil.org.au/fed/home/index.php?option=com_content&view=article&id=213:the-federation-of-australian-buddhist-councilss-position-on-same-sex-marriage&catid=41:buddhist-community&Itemid=86 |title=The Federation of Australian Buddhist Council's position of Same Sex Marriage |publisher=Buddhistcouncil.org.au |date=26 September 2017 |access-date=20 May 2019 |archive-date=5 March 2019 |archive-url=https://web.archive.org/web/20190305183051/http://www.buddhistcouncil.org.au/fed/home/index.php?option=com_content&view=article&id=213:the-federation-of-australian-buddhist-councilss-position-on-same-sex-marriage&catid=41:buddhist-community&Itemid=86 |url-status=live }} Reform Jewish groups, the Metropolitan Community Church,{{cite web|url=https://tma.melbourneanglican.org.au/2018/03/same-sex-marriage-and-the-churches-two-perspectives/|title=Same-sex marriage and the churches: two perspectives|work=The Melbourne Anglican|date=7 March 2018|first1=John|last1=Capper|first2=Rhys|last2=Bezzant}} and Quakers. The first Quaker same-sex marriage in Australia was held in Canberra on 15 April 2007.{{cite web|url=http://www.abc.net.au/rn/religionreport/stories/2007/1937145.htm|title=First Quaker gay marriage in Australia|date=18 April 2006|website=Abc.net.au|access-date=5 August 2007|archive-date=16 October 2007|archive-url=https://web.archive.org/web/20071016051601/http://www.abc.net.au/rn/religionreport/stories/2007/1937145.htm|url-status=live}}

{{Portal|Australia|LGBTQ}}

• Same-sex marriage in Australia
• LGBT rights in the Australian Capital Territory
• LGBT rights in Australia

{{reflist}}

• {{cite web|url=http://www.legislation.act.gov.au/a/2013-39/db_56466/pdf/2013-39.pdf|title=Marriage Equality (Same Sex) Act 2013|archive-url=https://web.archive.org/web/20160324051334/http://www.legislation.act.gov.au/a/2013-39/db_56466/pdf/2013-39.pdf|archive-date=24 March 2016|access-date=31 December 2013|work=ACT Legislation Register}}

{{LGBT in Australia}}

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Category:2013 in LGBTQ history

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Category:Same-sex marriage in Australia

Australian Capital Territory