As reported by the Australian Broadcasting Corporation in October 2013:
The [Australian] Federal Government has confirmed it will go ahead with a High Court challenge after the ACT [Australian Capital Territory] today became the first Australian jurisdiction to legalise same-sex marriage…
However, Greens leader Christine Milne has repeated her call for the Federal Government to abandon its challenge. “My message to Tony Abbott [Prime Minister] and George Brandis [Attorney-General] is get out of the way. You are on the wrong side of history,” she said.
“The wave of public support in favour of equality is unstoppable. “Equal marriage is going to happen and a High Court challenge won’t stop it.”
Milne’s calls were ignored by the Federal Government, which proceeded to lodge its challenge in the High Court. In December 2013, the court issued this statement:
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 Marriage Act does not now provide for the formation or recognition of marriage between same sex couples. The Marriage Act provides that a marriage can be solemnised in Australia only between a man and a woman and that a union solemnised in a foreign country between a same sex couple must not be recognised as a marriage in Australia. That Act is a comprehensive and exhaustive statement of the law of marriage…
Because the ACT Act does not validly provide for the formation of same sex marriages, its provisions about the rights of parties to such marriages and the dissolution of such marriages cannot have separate operation and are also of no effect. The Court held that the whole of the ACT Act is of no effect.
Contrary to Milne’s assertions, the High Court challenge did indeed “stop it” (the sodomite political agenda).
- Australian Broadcasting Corporation (2013). Commonwealth to launch High Court challenge over ACT same-sex marriage laws. Available http://www.abc.net.au/news/2013-10-22/ommonwealth-to-launch-challenge-over-act-same-sex-marriage-laws/5037674. Last accessed 11th April 2015.
- High Court of Australia (2013). THE COMMONWEALTH OF AUSTRALIA v THE AUSTRALIAN CAPITAL TERRITORY [judgement summary]. Available http://www.hcourt.gov.au/assets/publications/judgment-summaries/2013/hca55-2013-12-12.pdf. Last accessed 11th Apr 2015.