The DLS Portal will be offline for maintenance and upgrades from 6.00pm (AEST) Friday, 12 September 2025 to 8.00am (AEST) Monday, 15 September 2025.
Judgment date
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.