THE HON MARK DREYFUS QC MP
SHADOW ATTORNEY-GENERAL
SHADOW MINISTER FOR THE ARTS
MEMBER FOR ISAACS
MEDIA RELEASE
HIGH COURT DECIDES ACT MARRIAGE EQUALITY LAWS CANNOT
OPERATE CONCURRENTLY WITH FEDERAL MARRIAGE ACT
Shadow Attorney-General Mark Dreyfus QC has acknowledged the High Court's unanimous decision today against the ACT's marriage equality legislation.
"The High Court has made clear that same sex marriage is a matter for the national Parliament to decide," Mr Dreyfus said.
"This confirms Labor's view that the appropriate place for a debate on marriage equality is on the floor of the Parliament.
"Importantly the High Court stated that marriage' in the Australian Constitution includes a marriage between persons of the same sex. This means that the Parliament can legislate for marriage equality.
The Court also stated in its judgment:
The status of marriage, the social institution which that status reflects, and the rights and obligations which attach to that status never have been, and are not now, immutable. Section 51(xxi) is not to be construed as conferring legislative power on the federal Parliament with respect only to the status of marriage, the institution reflected in that status, or the rights and obligations attached to it, as they stood at federation.
"Mr Abbott has prevented same-sex marriage in the ACT. The Prime Minister needs to give his MPs a conscience vote on this issue so that the national Parliament can decide.
"To all the couples who have married in Canberra over the past five days, you have made history. While I acknowledge the enormous disappointment you must be feeling, I commend you for the brave stand you have taken," Mr Dreyfus said.
THURSDAY, 12 DECEMBER 2013
