High Court throws out ACT's same-sex marriage laws

Updated

After being married for less than a week, same-sex couples who wed in the ACT will have their unions annulled after the High Court ruled against the laws.

The High Court unanimously ruled that the ACT's laws were inconsistent with the Federal Marriage Act, and were therefore unconstitutional.

The ruling is a victory for the Commonwealth, which had launched the appeal against the laws.

But Craig Berry and his partner Ulises Garcia, who were among 31 couples who tied the knot on Saturday, are saddened by the ruling.

After five days, their marriage will be annulled.

"We're sad, but as far as I'm concerned my love for Uli hasn't changed, we're still married as far as we're concerned," Mr Berry said.

"We have the certificate and we're not letting go of that and we're not letting go of the special day we had on Saturday.

"I'll still call Uli my husband. All of my friends as far as they're concerned we're married. We're no different to them."

You said it It is now up to the federal parliament to do the right thing and legislate for marriage equality. whyohwhy via story comments

The ACT had argued that its laws could sit beside the federal legislation because it had defined a different type of marriage between same-sex couples.

The High Court delivered its decision early to give certainty to those wanting to use the law, but said it might be some time before a full judgement was released.

It said any change to the Marriage Act must come from the Federal Government.

You said it "Marriage" is between a man & a woman - always has been, always will be. Have state defined same sex legal unions if that is what people want, but call it what it is - not "marriage". andrewv99 via story comments

"The Court held that the Federal Parliament has power under the Australian Constitution to legislate with respect to same-sex marriage, and that under the Constitution and federal law as it now stands, whether same-sex marriage should be provided for by law is a matter for the Federal Parliament," the court said in a summary of its judgement.

"The Marriage Act does not now provide for the formation or recognition of marriage between same-sex couples.

"Because the ACT Act does not validly provide for the formation of same-sex marriages, its provisions about the rights of parties to such marriages and the dissolution of such marriages cannot have separate operation and are also of no effect."

"The Court held that the whole of the ACT Act is of no effect."

Same-sex couples say new ruling only a matter of time

Despite Thursday's ruling, Mr Berry says it is only a matter of time by same-sex marriage is recognised federally.

"We will get there, there will be a day when [same-sex marriage] is recognised nationally and it's just a matter of time," he said.

"When that time comes I'll be happy to say 'I do' all over again."

Mr Berry says he and Mr Garcia chose to get married on Saturday to celebrate their love.

"To take advantage of that opportunity that we had to get married and to, at least for those five days, to be recognised for what we are two people in love who want to spend our lives together," he said.

"It was five days but it was a wonderful five days and it just brings the message yet again to the public's attention."

Michelle Stockwell and Anabel Scholes also married in the ACT on Saturday and say the High Court ruling will not change things for them.

"We are quite disappointed that it hasn't gone through now, but we've got our piece of paper, as far as we're concerned we are married and we shall be for life," they said.

"If we have to renew our vows then we can have another party."

Ivan Hinton and his partner Chris were also married on Saturday.

Ahead of the High Court's decision Mr Hinton said they do not regret a thing.

"The amazing thing for us, the unexpected thing for us is the community," he said.

"The love that we've received from Canberra - and this is something that regardless of what happens here in the High Court - it was a celebration in this past week.

"We've been pulled up in the streets. We've been shaken by the hand, congratulated by people that we've never met before."

Christian Lobby happy with ruling

But there were plenty of people who welcomed today's High Court decision, with protesters and couples coming face to face outside the court.

Lyle Shelton from the Australian Christian Lobby told ABC1's 7.30 that he wants a referendum to kill off same-sex marriage once and for all.

Timeline: Same-sex marriage in Australia Tuesday, October 2: The ACT's Marriage Equality Bill passes the ACT Legislative Assembly.

The ACT's Marriage Equality Bill passes the ACT Legislative Assembly. Wednesday, December 4: The High Court reserves its decision on the Commonwealth's challenge to ACT's same-sex marriage laws.

The High Court reserves its decision on the Commonwealth's challenge to ACT's same-sex marriage laws. Saturday, December 7: Australia's first ever same-sex marriages take place in Canberra. The ACT Government says 46 same-sex couples have lodged papers to get married.

Australia's first ever same-sex marriages take place in Canberra. The ACT Government says 46 same-sex couples have lodged papers to get married. Thursday, December 12: The High Court rules the ACT's same-sex marriage laws are inconsistent with the Federal Marriage Act and are therefore unconstitutional.

"If you redefine marriage you're saying yes to the proposition that it's okay for some children to be denied their natural mother and father," he said.

"I think that's an injustice."

He says same-sex couples should give up on marriage.

"They've pretty much exhausted all avenues through the democracy and the courts and I think it's time to move on," he said.

Federal Attorney-General George Brandis says irrespective of people's views on same-sex marriage, it is in Australia's interests to have a nationally consistent marriage law.

He says he is pleased the High Court has taken that position today.

"The Commonwealth welcomes this decision. The basis upon which the decision was reached by their honours was the supremacy of the marriage power in section 51.21 of the constitution," he said.

Greens to keep fighting for same-sex marriage

Greens leader Christine Milne says the High Court's decision is a blow for same-sex couples, but her party will ensure that same-sex marriage laws are introduced nationwide.

"What the court has decided has made it very clear that the Federal Parliament has the power to legislate for marriage equality," she said.

"I want to say to those couples and to the whole Australian community that the Greens are going to make sure we have marriage equality in this country.

"It's devastating for the people concerned and for their families and friends, but it is also a clarion call for everyone in the country who supports marriage equality to now put pressure on the Federal Government and the Federal Parliament to change it."

Greens Senator Sarah Hanson-Young added: "We will win this fight. Love will win, and it will be in this place in the Federal Parliament."

Meanwhile, constitutional lawyer Anne Twomey says one good thing about today's verdict is that it sends the issue back to the Federal Parliament.

She says that is where it should be decided.

"I think most people would not want to turn our system into the American Supreme Court where all decisions on social issues are ending up in the High Court," she said.

"It's much better that the elected representatives of the people are the ones who get to decide on those sorts of issues.

"That's the appropriate forum for this, not the High Court."

In a glitch, High Court staff accidentally posted the judgment online before midday, 15 minutes before the ruling was due to be handed down in the Court.

The judgment appears to have been removed and then reposted.

Topics: courts-and-trials, lgbt, act, canberra-2600

First posted