Australia’s top court overrules gay marriage law

NZHerald 12 December 2013
Australia’s highest court has struck down a landmark law that had begun allowing the country’s first gay marriages, shattering the dreams of more than two dozen same-sex newlyweds whose marriages will now be annulled less than a week after their weddings.

The federal government had challenged the validity of the Australian Capital Territory’s law that had allowed gay marriages in the nation’s capital and its surrounding area starting last Saturday.

For Ivan Hinton, who married his partner Chris Teoh on Saturday, the result was heartbreaking. The couple just received their marriage certificate on Wednesday and immediately applied to change their surnames to Hinton-Teoh. Still, Hinton said he doesn’t regret going through with the wedding, and will always consider Teoh his husband.

“This was an unprecedented and historic opportunity,” he said. “I wouldn’t have missed it for the world.”

The federal government’s lawyer had argued that having different marriage laws in various Australian states and territories would create confusion. The ACT, which passed the law in October, said it should stand because it governs couples outside the federal definition of marriage as being between members of the opposite sex.

The High Court unanimously ruled that the ACT’s law could not operate concurrently with the federal Marriage Act, which was amended in 2004 to define marriage as between a man and a woman.
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