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TAG: inconsistency

UPCOMING EVENT: Commonwealth v Australian Capital Territory: The High Court Steps into the Marriage Debate

The South Australian Chapter of the Australian Association of Constitutional Law is pleased to present Dr Gabrielle Appleby, Adelaide Law School Stephen McDonald, Hanson Chambers speaking on Commonwealth v Australian Capital Territory The High Court steps into the marriage equality debate   In December 2013, the High Court decided that same-sex marriage legislation enacted by […]

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High Court: Same-sex and Polygamy in. Bestiality out.

In December last year, the High Court of Australia decided that the ACT’s Marriage Equality (Same Sex) Act 2013 was inoperative because it was inconsistent with the federal Marriage Act 1961 (Cth). Key to the Court’s decision was the acceptance by the Court that, if it so chose, the Commonwealth Parliament could make laws providing […]

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Same-sex marriage in the States

On Saturday the Tasmanian Premier Lara Giddings announced that her government would introduce a Bill to allow same-sex marriage in that State. Giddings claimed she had legal opinions supporting the constitutionality of the measure, including from the Tasmanian Solicitor-General. UNSW constitutional law academic Professor George Williams has also written on the issue claiming State same-sex […]

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