This article is more than 6 years old

This article is more than 6 years old

The federal government plans to challenge ACT same-sex marriage laws in the high court when the territory enacts legislation.

Commonwealth attorney-general George Brandis told Thursday's meeting of the standing council on law and justice the government would start legal proceedings at once.

The ACT Labor government expects the law to pass with the support of Greens MLA Shane Rattenbury when the ACT Legislative Assembly sits later this month. If so, the first same-sex marriages could happen as early as December.

Brandis has asked the ACT to defer the start of its law until after the high court has ruled on the matter.

"It would be better for all concerned if the ACT government waited for a short time until the validity of the proposed law was determined by the high court," Brandis said.

His ACT counterpart, Simon Corbell, said the territory had "declined to do that" because there was strong support for the law.

"There are many same-sex couples both in the ACT and in other parts of the country who support the law and who want ... to have the opportunity to be married, even though they understand that the Commonwealth has announced that it will challenge the law," he said.

He said he had had a “polite but forthright discussion” with Brandis on the matter on Thursday.

If the law is struck down, any same-sex marriages would become null and void, although Corbell said the ACT would recognise those commitments in another way, such as civil unions.

"We are disappointed that the Commonwealth professes concern for same-sex couples entering into marriage in case the law is struck down when it is they themselves who are seeking to have it struck down, Corbell said."

"We will be robustly defending our law and asserting that our law is capable of concurrent operation with the Commonwealth law and that it is not inconsistent."

Brandis said it was in Australia's interest to have nationally consistent marriage laws and the ACT's same-sex marriage bill was a threat to the current well-established position, as set out in the Commonwealth Marriage Act.

Australian Marriage Equality chair and independent NSW MP Alex Greenwich said the fact the federal government was intervening would encourage same-sex couples to get married sooner rather than later.

"The more people we have expressing their love and commitment will make it harder for any laws to be overturned," he said. "I would encourage as many same-sex couples to get married in the ACT as possible."

Greenwich said he was confident the ACT law could withstand a high court challenge.