High Court of Australia

The Commonwealth v Australian Capital Territory [2013] HCA 55

88 ALJR 118; 304 ALR 204

12 Dec 2013

Case Number: C13/2013

Before

French CJ, Hayne, Crennan, Kiefel, Bell, Keane JJ

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".

Constitution – ss 51(xxi), 51(xxii).

Australian Capital Territory (Self Government) Act 1988 (Cth), s 28(1).

Marriage Act 1961 (Cth) – ss 5(1), 88EA.

Marriage Amendment Act 2004 (Cth).

Marriage Equality (Same Sex) Act 2013 (ACT)
– s 3, dictionary.
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