Australia: Gay marriage law reversed by high court less than a week after first weddings

High Court rules that ACT law could not run alongside federal Marriage Act, which defines marriage as between a man and a woman

Australia’s highest court has reversed a law allowing the country’s first ever gay marriages, less than a week after dozens of couples used the brief window of opportunity to tie the knot.

Around 30 same-sex couples came to Canberra for ceremonies after the region’s Australian Capital Territory (ACT) passed a law allowing them to do so from Saturday.

Yet their marriages have now effectively been nullified by the country’s High Court, which ruled that the law change was never valid in the first place.

Federal government lawyers issued the legal challenge, saying that it was only up to nationwide lawmakers to decide on the definition of marriage – set in 2004 as being between members of the opposite sex.

The government also argued that to allow regional legislators the power to set their own marriage laws would create confusion and inconsistency.

The High Court today unanimously ruled that the ACT's law could not operate concurrently with the federal Marriage Act, a decision which the same-sex newlyweds said they found disappointing but not surprising.

Ivan Hinton, who married his partner Chris Teoh on Saturday, said it had been “an unprecedented and historic opportunity”.

“I wouldn't have missed it for the world,” he said. The couple only received their marriage certificate yesterday, and immediately applied to change their surnames to Hinton-Teoh. Mr Hinton said he doesn't regret going through with the wedding, and will always consider Mr Teoh his husband.

Rodney Croome, national director of the advocacy group Australian Marriage Equality, said his group knows of about 30 same-sex couples who have married since Saturday, though the actual number may be slightly higher.

Alan Wright, who married his partner Joel Player just minutes after midnight on Saturday, said the court's decision had inspired him to fight even harder for equality and focus his efforts on getting the federal government to change the law.

“I am now immensely proud to be part of a very unique, committed and courageous group of people, who — despite probably deep down knowing that it was going to be overturned ... still stood up and said 'no, we're going to do this',” Wright said. “In 10 years' time, I will look back at this as being a very proud moment.”

Darlene Cox married partner Liz Holcombe on Saturday, and told ABC News: “I have to say the weekend was so fabulous that it's taken the shine off, but we're still walking on air.”

Ms Cox said she was not angry with the High Court ruling. “Laws are put up and people change them, it's fine, it's actually part of the democratic process,” she said.

“You've got to respect the process. I think the responsibility is now on the federal government. If they were so sure that they needed to challenge the legislation, let's make sure marriage equality is on the national agenda.”

In its decision, the court wrote that the federal government is responsible for deciding whether same-sex marriage should be legalized. The ruling means that no Australian state or territory can make that decision, said Sydney University constitutional lawyer Anne Twomey.

Lyle Shelton, managing director of Australian Christian Lobby, which opposes same-sex marriage, praised the court ruling and said common sense had prevailed.

As for the ruling's impact on the newly-wedded couples, Shelton said it was “really sad that they were put in a position” in which they were allowed to marry before the court handed down its judgment.

Prime Minister Tony Abbott opposes gay marriage and his coalition blocked two federal bills last year that would have allowed legal recognition of same-sex partnerships.

The ruling comes a day after India's Supreme Court struck down a 2009 lower court decision to decriminalize homosexuality.

Additional reporting by the Associated Press

Start your day with The Independent, sign up for daily news emails
News
Young Winstone: His ‘tough-guy’ image is a misconception
people
Sport
Adnan Januzaj and Gareth Bale
footballManchester United set to loan out Januzaj to make room for Bale - if a move for the Welshman firms up
Arts and Entertainment
British actor Idris Elba is also a DJ and rapper who played Ibiza last summer
filmIdris Elba responds to James Bond rumours on Twitter
Arts and Entertainment
Ellie Levenson’s The Election book demystifies politics for children
bookNew children's book primes the next generation for politics
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA year of political gossip, levity and intrigue from the sharpest pen in Westminster
Sport
Wayne Rooney warms up ahead of the English Premier League football match between Tottenham Hotspur and Manchester United at White Hart Lane
football
News
Outspoken: Alexander Fury, John Rentoul, Ellen E Jones and Katy Guest
newsFrom the Scottish referendum to the Ice Bucket Challenge, our writers voice their opinions
Arts and Entertainment
Lena Headey as Cersei Lannister in Game of Thrones
film
News
i100
Sport
Yaya Sanogo, Mats Hummels, Troy Deeney and Adnan Januzaj
footballMost Premier League sides are after a striker, but here's a full run down of the ins and outs that could happen over the next month
News
Nigel Farage celebrates with a pint after early local election results in the Hoy and Helmet pub in South Benfleet in Essex
peopleHe has shaped British politics 'for good or ill'
Sport
Tim Sherwood raises his hand after the 1-0 victory over Stoke
footballFormer Tottenham boss leads list of candidates to replace Neil Warnock
Voices
Strictly Come Dancing was watched by 6.9m viewers
voicesIt has been hard to form generally accepted cultural standards since the middle of the 19th century – and the disintegration is only going to accelerate, says DJ Taylor
Arts and Entertainment
Roffey says: 'All of us carry shame and taboo around about our sexuality. But I was determined not to let shame stop me writing my memoir.'
books
News
Danielle George is both science professor and presenter
people
News
i100
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Recruitment Genius: Marketing Assistant

£18000 - £22000 per annum: Recruitment Genius: Do you have previous experience...

Recruitment Genius: Accounts Administrator

£16000 - £18000 per annum: Recruitment Genius: This is an exciting opportunity...

Recruitment Genius: PHP Web Developer

£30000 - £50000 per annum: Recruitment Genius: Are you a Web Developer looking...

Selby Jennings: VP/SVP Credit Quant- NY- Investment Bank

Not specified: Selby Jennings: VP/SVP Credit Quant Top tier investment bank i...

Day In a Page

War with Isis: The West needs more than a White Knight

The West needs more than a White Knight

Despite billions spent on weapons, the US has not been able to counter Isis's gruesome tactics, says Patrick Cockburn
Return to Helmand: Private Davey Graham recalls the day he was shot by the Taliban

'The day I was shot by the Taliban'

Private Davey Graham was shot five times during an ambush in 2007 - it was the first, controversial photograph to show the dangers our soldiers faced in Helmand province
Revealed: the best and worst airlines for delays

Revealed: the best and worst airlines for delays

Many flyers are failing to claim compensation to which they are entitled, a new survey has found
The stories that defined 2014: From the Scottish independence referendum to the Ice Bucket Challenge, our writers voice their opinions

The stories that defined 2014

From the Scottish independence referendum to the Ice Bucket Challenge, our writers voice their opinions
Stoke-on-Trent becomes first British city to be classified as 'disaster resilient' by the United Nations

Disaster looming? Now you know where to head...

Which British city has become the first to be awarded special 'resilience' status by the UN?
Finally, a diet that works: Californian pastor's wildly popular Daniel Plan has seen his congregation greatly reduced

Finally, a diet that works

Californian pastor's wildly popular Daniel Plan has seen his congregation greatly reduced
Say it with... lyrics: The power of song was never greater, according to our internet searches

Say it with... lyrics

The power of song was never greater, according to our internet searches
Professor Danielle George: On a mission to bring back the art of 'thinkering'

The joys of 'thinkering'

Professor Danielle George on why we have to nurture tomorrow's scientists today
Monique Roffey: The author on father figures, the nation's narcissism and New Year reflections

Monique Roffey interview

The author on father figures, the nation's narcissism and New Year reflections
Introducing my anti-heroes of 2014

Introducing my anti-heroes of 2014

Their outrageousness and originality makes the world a bit more interesting, says Ellen E Jones
DJ Taylor: Good taste? It's all a matter of timing...

Good taste? It's all a matter of timing...

It has been hard to form generally accepted cultural standards since the middle of the 19th century – and the disintegration is only going to accelerate, says DJ Taylor
Olivia Jacobs & Ben Caplan: 'Ben thought the play was called 'Christian Love'. It was 'Christie in Love' - about a necrophiliac serial killer'

How we met

Olivia Jacobs and Ben Caplan
Bill Granger recipes: Our chef's breakfasts will revitalise you in time for the New Year

Bill Granger's healthy breakfasts

Our chef's healthy recipes are perfect if you've overindulged during the festive season
Transfer guide: From Arsenal to West Ham - what does your club need in the January transfer window?

Who does your club need in the transfer window?

Most Premier League sides are after a striker, but here's a full run down of the ins and outs that could happen over the next month
The Last Word: From aliens at FA to yak’s milk in the Tour, here’s to 2015

Michael Calvin's Last Word

From aliens at FA to yak’s milk in the Tour, here’s to 2015