The Australian Capital Territory attempted to make gay marriage legal within its borders despite federal law prohibiting same-sex marriages being recognized. The Australian High Court decided yesterday that the territory cannot override federal law on this issue:
The ACT legislation had allowed gay couples to marry inside the ACT, which includes the Australian capital, Canberra — regardless of which state they live in.
Federal law, however, specified in 2004 that marriage was between a man and a woman.
Civil unions are allowed in some states in Australia.
The High Court in Canberra ruled unanimously against the ACT legislation on Thursday, saying that it could not stand alongside national-level laws.
“Whether same sex marriage should be provided for by law is a matter for the federal parliament,” it said in a statement.
“The Marriage Act does not now provide for the formation or recognition of marriage between same-sex couples. The Marriage Act provides that a marriage can be solemnised in Australia only between a man and a woman,” it added.
Attorney-General George Brandis had previously warned that the local law would face a legal challenge, because it was inconsistent with the country’s Marriage Act.
