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HandWiki. Marriage Equality (Same Sex) Act 2013. Encyclopedia. Available online: https://encyclopedia.pub/entry/36574 (accessed on 22 September 2026).
HandWiki. Marriage Equality (Same Sex) Act 2013. Encyclopedia. Available at: https://encyclopedia.pub/entry/36574. Accessed September 22, 2026.
HandWiki. "Marriage Equality (Same Sex) Act 2013" Encyclopedia, https://encyclopedia.pub/entry/36574 (accessed September 22, 2026).
HandWiki. (2022, November 25). Marriage Equality (Same Sex) Act 2013. In Encyclopedia. https://encyclopedia.pub/entry/36574
HandWiki. "Marriage Equality (Same Sex) Act 2013." Encyclopedia. Web. 25 November, 2022.
Marriage Equality (Same Sex) Act 2013
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The content is sourced from: https://handwiki.org/wiki/Social:Marriage_Equality_(Same_Sex)_Act_2013

The Marriage Equality (Same Sex) Act 2013 was an act of parliament of the Australian Capital Territory Legislative Assembly that was intended to legalise same-sex marriage in the Australian Capital Territory (ACT). It was first presented to the ACT Legislative Assembly on 19 September 2013 by the ACT Attorney-General, Simon Corbell. The law intended to build on the existing recognition of same-sex unions in the Australian Capital Territory, which included recognition of de facto partners, civil partnerships and same-sex-only civil unions (with civil unions being replaced by same-sex marriage if the Act was successfully passed). The act was passed in the Legislative Assembly on 22 October 2013. It came into operation on 7 November although wedding ceremonies under the provisions of the Act did not occur until 7 December 2013. West Australian parliamentarian Stephen Dawson and his husband Dennis Liddelow were the first same-sex couple to marry under the new laws. Upon the law's commencement, the Abbott Government challenged the legal and constitutional validity of the Act, lodging an immediate challenge in the High Court of Australia. The case was heard on 3 December and a ruling was handed down on 12 December 2013. The High Court unanimously struck the act down in its entirety, on the basis that it was in conflict with the federal Marriage Act, which defined marriage in Australia as the union of a man and a woman. The court did however expressly confirm in its ruling that the Parliament of Australia had the constitutional authority to amend the definition of marriage in the Marriage Act, so as to allow same-sex couples to marry.

same-sex marriage same-sex couples constitutional

References

  1. Santilla Chingaipe (22 October 2013). "ACT legalises same sex marriage". SBS World News. http://www.sbs.com.au/news/article/2013/10/22/act-legalises-same-sex-marriage. Retrieved 30 December 2013. 
  2. "Hansard". Legislative Assembly for the Australian Capital Territory. 19 September 2013. http://www.hansard.act.gov.au/hansard/2013/pdfs/20130919b.pdf. "Refer to pp. 3429-3433" 
  3. No further amendments to ACT same-sex marriage law http://www.canberratimes.com.au/act-news/samesex-marriage-laws-wont-be-amended-by-act-government-20131030-2wfgy.html
  4. "Hansard". Legislative Assembly for the Australian Capital Territory. 22 October 2013. Archived from the original on 28 April 2017. https://web.archive.org/web/20170428034922/http://www.hansard.act.gov.au/hansard/2013/pdfs/20131022.pdf. "Refer to pp. 3554-3582" 
  5. Same-sex marriage bill passes in ACT http://gaynewsnetwork.com.au/news/national/same-sex-marriage-bill-passes-in-act-12193.html
  6. "Marriage Equality (Same Sex) Bill – Second Reading". Record of Proceedings (Hansard). Australian Capital Territory: Legislative Assembly. 22 October 2013. p. 3582. http://www.hansard.act.gov.au/hansard/2013/pdfs/20131022.pdf. 
  7. "Marriage Equality (Same Sex) Act 2013". legislation.act.gov.au. 7 November 2013. http://www.legislation.act.gov.au/a/2013-39/db_56466/pdf/2013-39.pdf. 
  8. "ACT legislation register: Notification Statement". legislation.act.gov.au. 4 November 2013. http://www.legislation.act.gov.au/a/2013-39/notification.asp. 
  9. "Marriage Equality (Same Sex) Commencement Notice 2013". legislation.act.gov.au. 7 November 2013. Archived from the original on 28 April 2017. https://web.archive.org/web/20170428033025/http://www.legislation.act.gov.au/cn/2013-11/20131106-56487/pdf/2013-11.pdf. 
  10. Penny McLintock (7 November 2013). "ACT same-sex marriage laws: First couples give notice to wed". ABC News. http://www.abc.net.au/news/2013-11-07/same-sex-marriage-laws-couples-give-notice-to-wed/5076066. Retrieved 15 December 2013. 
  11. "Australian Capital Territory (Self-Government) Act 1988 (Cth)". ComLaw. http://www.comlaw.gov.au/Details/C2013C00134. Retrieved 2013-12-31. 
  12. "Marriage Act 1961 (Cth)". ComLaw. http://www.comlaw.gov.au/Details/C2013C00164. Retrieved 2013-12-31. 
  13. "Marriage Amendment Act 2004 (Cth)". ComLaw. http://www.comlaw.gov.au/Details/C2004A01361. Retrieved 2013-12-31. 
  14. "Commonwealth to fight ACT same-sex marriage bill in High Court - ABC News (Australian Broadcasting Corporation)". Abc.net.au. 2013-10-10. http://www.abc.net.au/news/2013-10-10/commonwealth-to-fight-act-gay-marriage-bill/5014872. Retrieved 2013-10-22. 
  15. Curtis, Katina. "Feds poised to challenge gay marriage laws - Yahoo!7". Au.news.yahoo.com. http://au.news.yahoo.com/a/19492886/gay-marriage-legalised-in-the-act/. Retrieved 2013-10-22. 
  16. Under the territories power, Constitution section 122.
  17. "ACT to push ahead with gay marriage laws despite High Court challenge from Federal Government - ABC News (Australian Broadcasting Corporation)". Abc.net.au. 2013-10-11. http://www.abc.net.au/news/2013-10-11/act-push-ahead-with-gay-marriage/5015624. Retrieved 2013-10-22. 
  18. "Commonwealth to launch high court challenge over ACT same-sex marriage laws". http://au.news.yahoo.com/a/19496418/commonwealth-to-launch-high-court-challenge-over-act-same-sex-marriage-laws/. 
  19. "Gay marriage hearing likely in December". 9 News National. 25 October 2013. Archived from the original on 2 December 2013. https://web.archive.org/web/20131202232131/http://news.ninemsn.com.au/national/2013/10/25/16/07/gay-marriage-case-hearing-likely-in-dec. Retrieved 15 December 2013. 
  20. "High Court challenge to gay marriage will be heard before ACT ceremonies". SMH. 5 November 2013. http://www.smh.com.au/federal-politics/political-news/high-court-challenge-to-gay-marriage-will-be-heard-before-act-ceremonies-20131104-2wxax.html. 
  21. "Written submissions (Commonwealth)". 13 November 2013. http://www.hcourt.gov.au/assets/cases/c13-2013/Cth-ACT_Plf.pdf.  Case C13/2013 High Court of Australia.
  22. "Written submissions (ACT)". 25 November 2013. http://www.hcourt.gov.au/assets/cases/c13-2013/Cth-ACT_Def.pdf.  Case C13/2013 High Court of Australia.
  23. Peter Jean (25 November 2013). "Commonwealth 'doesn't prohibit' gay marriage, ACT argues". The Age. http://www.theage.com.au/act-news/commonwealth-doesnt-prohibit-gay-marriage-act-argues-20131125-2y61t.html. Retrieved 15 December 2013. 
  24. Justice Stephen Gageler did not sit. No reason was given, as is the Court's practice. This may have been because, as federal Solicitor-General until his appointment to the High Court in October 2012 or in some other role as a constitutional expert, he had already expressed an opinion upon the issues that would come before the Court in this case.
  25. Commonwealth v ACT [2013] HCATrans 299 (3 December 2013). http://www.austlii.edu.au/au/cases/cth/HCATrans/2013/299.html
  26. "Commonwealth v ACT (audio-visual recording)". 3 December 2013. http://www.hcourt.gov.au/cases/av-2013-12-03.  Case C13/2013 High Court of Australia.
  27. Same-sex marriage advocacy organisation Australian Marriage Equality Inc was heard as amicus curiae. No state or other self-governing territory intervened, although any state or the Northern Territory could have done so: Judiciary Act 1903 (Cth), sections 78AA, 78A and 78B. https://www.legislation.gov.au/Details/C2016C00836
  28. The Commonwealth v Australian Capital Territory [2013] HCA 55, (2013) 250 CLR 441. http://www.austlii.edu.au/au/cases/cth/HCA/2013/55.html
  29. "Commonwealth v ACT: judgement summary". 12 December 2013. http://www.hcourt.gov.au/assets/publications/judgment-summaries/2013/hca55-2013-12-12.pdf.  Case C13/2013 High Court of Australia.
  30. Byrne, Elizabeth (12 December 2013), High Court throws out ACT's same-sex marriage laws, ABC News, archived from the original on 12 December 2013, https://web.archive.org/web/20131212090159/http://www.abc.net.au/news/2013-12-12/high-court-decision-on-act-same-sex-marriage-laws/5152168 
  31. It remains on the ACT statute book ("legislation register"), with a note: "This legislation is affected by the High Court's decision of 12 December 2013 in The Commonwealth v Australian Capital Territory [2013] HCA 55." http://www.legislation.act.gov.au/a/2013-39/default.asp
  32. Williams, George; Brennan, Sean; Lynch, Andrew (2014). Blackshield and Williams Australian Constitutional Law and Theory (6 ed.). Leichhardt: Federation Press. ISBN 978-186287-918-8.  ch. 8
  33. The reference to "other jurisdictions" would be primarily to the USA.
  34. "ACT legislation register - Marriage Equality (Same Sex) Act 2013". Legislation.act.gov.au. 7 November 2013. http://www.legislation.act.gov.au/a/2013-39/default.asp. Retrieved 2013-11-04. 
  35. "Free marriages for same-sex couples who wed in Canberra in 2013" (in en-AU). ABC News. 8 December 2017. http://www.abc.net.au/news/2017-12-08/free-marriages-for-same-sex-couples-who-wed-in-canberra/9239238. Retrieved 8 December 2017. 
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