The ACT could experience a wedding boom by Christmas if it passes a law allowing same-sex marriage.

But Commonwealth Attorney-General George Brandis warns it may be distressing for same-sex couples if, encouraged to use the law, their marriages are later invalidated by a High Court challenge.

“It would be better for all concerned if the ACT government waited for a short time until the validity of the proposed law was determined by the High Court,” Senator Brandis said on Thursday.

His ACT counterpart, Simon Corbell, said the territory had “declined to do that” because there’s strong support for the law, which could pass within the next four weeks.

“There are many same-sex couples both in the ACT and in other parts of the country who support the law and who want … to have the opportunity to be married, even though they understand that the Commonwealth has announced that it will challenge the law,” he told AAP.

“We are disappointed that the Commonwealth professes concern for same-sex couples entering into marriage in case the law is struck down when it is they themselves who are seeking to have it struck down.”

Senator Brandis confirmed the federal coalition government would launch a High Court challenge to the legalisation as soon as it passes the ACT Legislative Assembly.

The ACT Labor government expects the legislation to pass with the support of Greens MLA Shane Rattenbury when the assembly sits later this month.

The first same-sex marriages could be held as early as December.

Australian Marriage Equality chair and independent NSW MP Alex Greenwich said the fact the federal government was intervening would encourage same-sex couples to get married sooner rather than later.

“The more people we have expressing their love and commitment will make it harder for any laws to be overturned,” he told AAP.

“I would encourage as many same-sex couples to get married in the ACT as possible.”

Mr Greenwich said the gay and lesbian community and its supporters would back the ACT government, and he was confident the ACT law could withstand a High Court challenge.

Mr Corbell said he and Senator Brandis had a “polite but forthright” discussion about the matter during a meeting of the standing committee on law and justice in Sydney on Thursday.

“We will be robustly defending our law and asserting that our law is capable of concurrent operation with the Commonwealth law and that it is not inconsistent,” he said.

Senator Brandis said it was in Australia’s interest to have nationally consistent marriage laws and the ACT’s same-sex marriage bill was a threat to the current well-established position, as set out in the Commonwealth Marriage Act.

Author: Katina Curtis
Source: AAP
Publication: 10 October 2013