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TAG: Same-sex marriage

Coalition tensions expose the flaws of the same-sex marriage plebiscite

In an article published on The Conversation, Dr Adam Webster examines some of the problems associated with the proposed plebiscite on same-sex marriage. Click here to read Adam’s article.

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Explainer: how Australia can legalise same-sex marriage

In an article published on The Conversation today, Dr Adam Webster, explains the proposed changes to the Marriage Act 1961 (Cth) to provide marriage equality in Australia and the differences between the three bills before the Commonwealth Parliament. Click here to read Adam’s article.

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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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The Role of Parliament in Constitutional Interpretation

In the forthcoming edition of the Melbourne University Law Review (Volume 37(2)) Dr Gabrielle Appleby and Adam Webster examine the role of Parliament in constitutional interpretation. The following is the abstract of the article: In Australia, the role of interpreting the Constitution is ultimately for the High Court, but some ‘space’ remains for its interpretation […]

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Why the SA Liberals are wrong on marriage equality

In recent weeks, the United States Supreme Court has clarified the constitutional position on same-sex marriage in that country. In contrast, little has been done to clarify the constitutional position in Australia. In this post, Adelaide Law School PhD Candidate Mark Bruerton debunks some of the constitutional myths that have been used in the marriage equality […]

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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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University of Adelaide Academics defend constitutionality of same-sex marriage before the Senate

 On Friday, 4 May 2012, Professor John Williams and Gabrielle Appleby from the Adelaide Law School appeared before the Senate’s Legal and Constitutional Affairs Committee to give evidence in support of the submission made by a number of University of Adelaide scholars. The full submission, and a brief overview of it, is available here. On […]

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University of Adelaide scholars support marriage equality

The Senate Legal and Constitutional Affairs Committee is currently undertaking an investigation into the Marriage Equality Amendment Bill 2010. The Bill aims to create marriage equality for people regardless of their sex, sexual orientation or gender identity by amending the definition of ‘marriage’ in the Marriage Act 1961. In the House of Representatives, there is […]

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