Territory's attorney general says it will not be bullied after federal government confirms it will go to high court to challenge laws

This article is more than 6 years old

This article is more than 6 years old

The ACT government has vowed to stare down the Abbott government and robustly defend the territory's proposed same-sex marriage laws.

The commonwealth attorney general, George Brandis, has confirmed the government will challenge the laws in the high court, warning that same-sex couples could be distressed if their marriages were later invalidated.

But the ACT attorney general, Simon Corbell, says the territory will not be bullied.

"The only people being cruel and dashing the hopes of same-sex couples are the federal government in launching their challenge," he told ABC Radio on Friday.

The ACT could have gay marriage ceremonies by December if legislation passes the territory's assembly, as expected, later in October.

Any high court challenge may not be heard until March or April next year.

Corbell said the ACT had a strong case, backed by "distinguished constitutional" experts, to defend.

The ACT chief minister, Katy Gallagher, has rejected a personal request from Senator Brandis to abandon the legislation.

"We think [the territory's law] can operate concurrently with the federal marriage act. That's our clear advice," she said.

Federal Labor leadership contender Bill Shorten said it was difficult to know the merits of the federal case without seeing the legal advice.

"I think there is a principle at stake here for the ACT: what exactly is their power to make laws," he told ABC television.

Shorten voted for same sex-marriage when a private member's bill was put to the previous federal parliament this year.