On 12 December 2013, the High Court of Australia issued its judgment in The Commonwealth v Australian Capital Territory, a case relating to the status of the Marriage Equality (Same Sex) Act 2013, a regional law enacted in October 2013 which permitted same-sex marriage in the Australian Capital Territories (ACT). As was expected, the High Court found that the Act was inconsistent with federal law on marriage, which defines marriage as a union between a man and a woman. Accordingly, the Court held, the Act was of no effect. It was for the federal Parliament to legislate for same-sex marriage, not the States and Territories. However, the High Court gave the important acknowledgement that it was within the federal Parliament’s constitutional powers to legislate for same-sex marriage.
The High Court was asked to consider whether the ACT’s Marriage Equality (Same Sex) Act 2013 was inconsistent with or repugnant to either or both of two Acts of the federal Parliament: the Marriage Act 1961 and the Family Law Act 1975. Furthermore, the court was asked to consider, if it was so inconsistent or repugnant, to what extent the Act was of no effect
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