The Commonwealth v Australian Capital Territory [2013] HCA 55

The Commonwealth v Australian Capital Territory [2013] HCA 55 (12 December 2013)

 

I refer you to the judgment summary.

 

Catchwords:

Constitutional law (Cth) – Powers of federal Parliament – Section 51(xxi) – Marriage – Whether s 51(xxi) confers power with respect to same sex marriage.

Territories (ACT) – Inconsistency of Commonwealth and Territory laws – Marriage Act 1961 (Cth) defined “marriage” as “the union of a man and a woman” – Marriage Equality (Same Sex) Act 2013 (ACT) provided for “marriage” between “2 people of the same sex” – Whether ACT Act capable of operating concurrently with Commonwealth Act under s 28(1) of Australian Capital Territory (Self-Government) Act 1988 (Cth).

Words and phrases – “consistent … to the extent that it is capable of operating concurrently”, “marriage”.

 

David Cormack – Brisbane Barrister.

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