The (Federal) Marriage Act is a comprehensive and exhaustive statement of the law of marriage.

Thus speaks the Australian High Court today.

“Today the High Court decided unanimously that the Marriage Equality (Same Sex) Act 2013, enacted by the Legislative Assembly for the Australian Capital Territory, cannot operate concurrently with the federal Marriage Act 1961. 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.”

I don’t support Same Sex Marriage for a whole bunch of reasons.  But excluding that view I am still pleased about today’s decision, and the details of judgement around that.  What a porridge it would have been to have State (and Territory) legislation, that made marriages “equal”, which exists in some parts of Australia but not others, only because these same “equal marriages” were actually not equal in the eyes of the law.

This has comprehensively shut down Same Sex Marriage on a States basis.

Let the debate, such as it is going to be, take place at Federal level.


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