ACT becomes first jurisdiction in Australia to legalise same-sex marriage
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Version 0 of 1. The Australian Capital Territory has become the first jurisdiction in the country to legalise same-sex marriage but the fate of the landmark anti-discrimination reform remains uncertain, with the federal government intent on launching a high court challenge. On Tuesday morning the ACT legislative assembly passed a law allowing marriages between two adults of the same sex, with Labor and the Greens voting in favour and the Canberra Liberals against. Amendments were brought forward at the last minute in an effort to buttress the territory legislation against the looming constitutional challenge. The ACT attorney general, Simon Corbell, said the amendments were intended to make it clear that the two legal regimes, the territory law and the commonwealth’s Marriage Act, were envisaged to work concurrently. Corbell said the territory’s move posed no threat to the commonwealth – and it had been established that the regulation of relationships was a shared power. The Abbott government is yet to say whether it will seek an injunction to prevent the new law from taking effect before the high court considers whether it breaches the constitution. If there is no injunction, same-sex marriages can proceed in the ACT from early December. The ACT’s opposition leader, Jeremy Hanson, said during Tuesday’s debate that the uncertainty surrounding the new same-sex marriage regime created significant problems for couples, and he suggested the territory could be liable to compensation if it pushed ahead of the tolerance of the commonwealth, rather than waiting for the legalities to be settled. Hanson criticised Corbell for producing amendments at the last minute, saying they prevented proper scrutiny by the assembly. “It is a leap of faith now to accept Simon Corbell’s assurances that the amendments will make this bill lawful when he’s spent the last few weeks arguing against the need for any such amendments,” Hanson said during the debate. He also objected to Labor and the Greens using “the ACT assembly as a vehicle to drive national agendas or social agendas”. The Liberal leader said a “a majority of one person in the ACT” should not be able to “change the definition of marriage for a country of over 23 million people”. The ACT chief minister shrugged off the criticism, and the threat of a court challenge. Katy Gallagher said a legal challenge “should not deter us, it doesn’t rattle us and it doesn’t change our path”. Gallagher said it was important as a point of principle to remove discrimination and, with the support of the Greens MLA Shane Rattenbury, the territory government had the numbers on the floor to change the law. She acknowledged opponents of same-sex marriage, including some religious leaders, and said there was nothing in the law that would compel people with objections to perform marriage ceremonies. The chief minister also referenced the large crowd who watched the proceedings in Canberra, saying public support for same-sex marriage had increased faster than the capacity of politics to respond. There were emotional scenes during the debate and after the vote. The ACT deputy chief minister, Andrew Barr, who is gay, cried while talking about the discrimination faced by some families. “Today the sacrifice, the suffering, the struggle and the tireless exertions and passionate concerns of gay and lesbian Canberrans, their parents and their families, finds a voice and finds a champion in this assembly,” he said. A spokesperson for the federal attorney general, George Brandis, confirmed the Abbott government would proceed with the challenge and ask the high court to “give the case an expedited hearing”. Our editors' picks for the day's top news and commentary delivered to your inbox each morning. |