The Commonwealth v. Australian Capital Territory
Australia High Court
[2013] HCA 55 (2013)
- Written by Mary Katherine Cunningham, JD
Facts
In 2013, the Legislative Assembly for the Australian Capital Territory (ACT) enacted the Marriage Equality (Same Sex) Act (the ACT act). The federal government (plaintiff) challenged the ACT act, arguing that the law was inconsistent with the Marriage Act 1961 and the Family Law Act 1975. Australian Marriage Equality Inc filed an amicus curiae brief in support of the government, arguing that only Parliament had the legislative power to enact legislation allowing for same-sex marriage.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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