Commonwealth to launch High Court challenge over ACT same-sex marriage laws

Updated

The Federal Government has confirmed it will go ahead with a High Court challenge after the ACT today became the first Australian jurisdiction to legalise same-sex marriage.

The ACT Labor Government passed its Marriage Equality Same-Sex Bill in the Legislative Assembly with the help of Greens MLA Shane Rattenbury.

Under the law, same-sex couples from across Australia will be able to marry in the ACT by the end of the year.

"There is no longer any excuse, if there ever was, to discriminate against same-sex couples in our community," Chief Minister Katy Gallagher told the Assembly.

"They are our children, our parents, our brothers, our sisters, our leaders, our business people, our mentors and our colleagues.

"More than anything, they are our equals. The Marriage Equality Act puts this fundamental principle and human right into law."

Mr Rattenbury says he is proud to stand for equality.

"Perhaps most simply I am proud to stand in support of the notion that two people who love each other should be able to get married," he said.

Amendments were also passed to strengthen the laws against any challenge in the High Court.

But a spokesperson for Attorney-General George Brandis confirmed that the Government will request the High Court to expedite a hearing into the legislation.

Earlier this month, Senator Brandis said he had received advice the bill was "invalid by reason of inconsistency" with the Commonwealth Marriage Act.

"It would be very distressing to individuals who may enter into a ceremony of marriage under the new ACT law, and to their families, to find that their marriages were invalid," a statement put out today read.

ACT Opposition Leader Jeremy Hanson supports the Commonwealth's stance.

"It would be disappointing for those individuals to then find themselves in a legal tangle," he said.

However, Greens leader Christine Milne has repeated her call for the Federal Government to abandon its challenge.

"My message to Tony Abbott and George Brandis is get out of the way. You are on the wrong side of history," she said.

"The wave of public support in favour of equality is unstoppable.

"Equal marriage is going to happen and a High Court challenge won't stop it."

Shadow Attorney-General Mark Dreyfus has welcomed the ACT laws.

"Good on the ACT Government for moving forward with this," he said.

"It is a step forward but we need to have this nationally, we need to have a national debate and the place for it is in the national Parliament, not in the High Court of Australia."

Couples set to take advantage of new laws before Christmas

It is expected same-sex couples will be able to take advantage of the new laws before Christmas, after they give four weeks notice of their intent to marry.

No minister of religion will be required to solemnise a marriage, nor will any church or place of worship be required to host a ceremony.

Deputy Chief Minister Andrew Barr, who himself is gay, was brought to tears as he explained the importance of the laws for gay and lesbian people.

"These are reforms that also impact positively on the parents who want their children to live happy, productive and healthy lives without having to experience fear, hate and discrimination," he said.

"Reforms that impact positively on brothers and sisters... who've seen their siblings struggle with the unfairness of discriminatory laws.

"Today, the sacrifice the suffering, the struggle and the tireless exertions and passionate concerns of gay and lesbians Canberrans, their parents and their families, finds a voice and finds an champion in this Assembly."

The legislation did not pass without opposition.

The Canberra Liberals voted against the bill, with leader Mr Hanson labelling the legislation as flawed.

"The question must be asked why the Government is seemingly making complex and difficult law on the run?" he said.

"The amendments are not urgent and they are not minor or technical in nature.

"It is a leap of faith now to accept [Attorney-General] Simon Corbell's assurances that the amendments will make this law lawful."

But Mr Corbell told the Assembly the amendments make it "absolutely clear" the law is capable of operating concurrently with the Commonwealth Marriage Act.

Tony Abbott's sister calls for Liberal MPs to have conscience vote

Challenge-proofing the same-sex marriage bill

A law expert says more could have been done to ensure the ACT's same-sex marriage legislation survives a constitutional challenge. A law expert says more could have been done to ensure the ACT's same-sex marriage legislation survives a constitutional challenge.

Mr Abbott's gay sister and Sydney City Councillor, Christine Forster, has bought into the debate, calling for federal Liberal MPs to be allowed a conscience vote on the issue if legislation comes before the Parliament.

Revealing that she and her partner have been engaged since March, Ms Forster said she hoped the new Liberal Party room would regard the issue as a matter of conscience.

"Marriage is about love, it's about people's feelings, it's a matter of the heart," she told Channel 9.

"That for me means it should be a conscience decision, rather than a policy decision."

She said she wanted to get married in Sydney, "ideally" under a federal marriage act.

"We want to get married here and have our marriage recognised here in Australia," she said.

Ms Forster said her brother congratulated her and her partner on their engagement and said he would be "there at the wedding".

Mr Abbott has left the way open for the federal party room to decide if there should be a conscience vote on the issue.

In September 2012, laws legalising same-sex marriage failed to pass Parliament.

Labor MPs were allowed a conscience vote but Coalition MPs were not.

Topics: sexuality, marriage, state-parliament, states-and-territories, act, canberra-2600

First posted