Gays and lesbians cannot wait to tie the knot in Canberra following the passage of a marriage equality bill last Tuesday.
The Australian Capital Territory (ACT) Legislative Assembly passed the historic Marriage Equality (Same Sex) Bill 2013 —the first state is Australia to legalize same sex marriage.
ACT makes historic marriage equality law, NSW will follow. (Photo: Australian Marriage Equality)
Euphoria engulfed the LGBTI (lesbian, gay, bi-sexual, transgender, intersex) community but this was cut short when the Tony Abbott Government lodged a High Court challenge within 24 hours saying the ACT law is not consistent with the Commonwealth marriage law.
Commonwealth Marriage Act 1961 establishes the sole and exclusive means under Australian law by which the status of marriage may be attained. Family Law Act 1975, likewise, makes provisions for divorce, child custody, and property arrangement. The ACT law does not meet such provisions.
The Commonwealth government has lodged a writ of summons in the High Court Wednesday. The High Court will hold its first reading on Friday.
The ACT Government is determined to defend the new law. Members of the GLTBI community also stand hand in hand and optimistic to withstand the challenge.
The lobby group, Australian Marriage Equality, has already put up a separate website to gather gays and lesbians who would like to take the opportunity to be amongst the first to tie the knot.
On its Facebook page, it said “Despite this we know that many couples are not going to wait. We’re compiling a fact sheet for couples interested in being amongst the first to tie the knot. You can sign up here.”
Abbott earlier warned not to rush until the validity of the law is determined as the writ also states “There would be immediate adverse effects for persons whose marriages would be ineffective if the ACT Marriage Act is found invalid” and “The status of marriage has a weight and a significance beyond its legal consequences.”
Abbott said he views the ACT same-sex marriage laws as a constitutional matter, not a moral issue. Advising same-sex couples wishing to marry in the ACT to wait until a High Court challenge is resolved, Abbott said the federal government had constitutional responsibility for marriage.
ACT Attorney-General Simon Corbell introduced a raft of eleventh hour amendments to the Marriage Equality (Same-Sex) Bill 2013 in order to bolster its chances of surviving a High Court challenge. The amendments are aimed at fending off the High Court challenge by minimising any inconsistency with commonwealth legislation.
The bill is supported by Greens (Member of Legislative Assembly) MLA Shane Rattenbury and all eight Labor MLAs.
ACT Chief Minister Katy Gallagher has hoped same-sex couples will be able to marry in Canberra before the end of the year.
Meanwhile, the New South Wales Legislative Council is now planning to introduce a similar bill. AME, in its website said the” NSW Cross Party Marriage Equality Working Group consisting of Liberal, National, Greens, Labor and Independent Members have announced plans to introduce legislation into the NSW Legislative Council next week that seeks to allow same-sex couples to marry in NSW.”
- ACT prepared to defend gay marriage law (skynews.com.au)
- Australian Marriage Equality comes with a cringe (lcamyopinion.wordpress.com)
- Parliament to Debate Australian Gay Marriage Bill (abcnews.go.com)
- Australian Capital Territory legalises equal marriage (pinknews.co.uk)
- They (finally) do! Lesbian couple at forefront of NJ gay marriage fight tying the knot (nj.com)
- Comment: What will same-sex marriage actually mean? (sbs.com.au)
- Gay Sister’s Engagement Fails To Move Australia’s Tony Abbott On Marriage Equality (ontopmag.com)
- ACT passes same sex marriage bill (theage.com.au)