The ACT will host the first same-sex marriages in Australian history this weekend, after the High Court reserved its decision in the Commonwealth’s challenge to the territory laws.
The court has reserved its decision in the case, in which the Commonwealth argues the territory’s historic laws are in contravention of the federal marriage act, until December 12.
This means couples could have a five-day window to wed under the country’s first same-sex marriage law before a decision is published by the court as to whether or not to overturn the Act.
ACT Attorney-General Simon Corbell said couples would be able to get married this weekend at least.
“No injunction has been sought so that means the laws are operational this weekend,” he said.
“Couples who have given their notice can get married this weekend, albeit with the uncertainty surrounding this case yet to be resolved.”
Australian Marriage Equality director Rodney Croome said that in “all probability we have a five-day window in which same sex couples will marry on Australian soil for the first time”.
“All of those Australians that support marriage equality will be overjoyed that finally in this country we will see same-sex couples marrying,” he said.
“We will see the love and commitment these couples share … All the nation will see that just because they’re marrying the sky won’t fall in.”
Mr Corbell said 47 couples had already given at least a month’s notice of their intention to marry, as required under the law.
“It clearly demonstrates same-sex couples and their families are yearning to declare their commitment in a marriage ceremony and the ACT law will provide that opportunity,” he said.
“Everything about this case has been unexpected and I won’t be entirely comfortable until we hear the decision.
“I am pleased couples will have the opportunity to marry this weekend even with the case pending and the uncertainty.
“Same sex couples understand these ceremonies aren’t without some doubt but I know they will embrace the opportunity to marry under the ACT law this weekend.”
Couples plan their big day
Alan Wright and Joel Player plan to become the first same sex couple to marry in Australia, at 12.01am on Saturday.
“We are definitely going ahead,” Mr Wright said.
“I personally feel that it’s going to send a strong message to everyone.
“I think it’s important for us to show that Australia really needs this.
“For marriage equality around Australia we need to show that couples that can’t marry under Commonwealth laws at the moment.”
Michelle Stockwell and Annabel Scholes also plan to marry on Saturday.
Their celebrant, Jody Aulich, said she knew of at least 12 same-sex weddings taking place this weekend.
She said she had nine weddings booked in for Saturday, Sunday and Monday morning.
“I am going to be very busy this weekend,” Ms Aulich said.
“This is fabulous news.
“I really didn’t think there would be a window of opportunity.”
Ms Aulich said she also had other couples who had given her notice.
“I wouldn’t be at all surprised that if they have given sufficient notice that they start to contact me to get married in this period.”
Ivan Hinton will also marry his partner Chris Teoh in the Rose Garden at Old Parliament House on Saturday, followed by a reception at Black Mountain Tower.
Mr Hinton, who is also the deputy director of Australian Marriage Equality, has been married to Mr Teoh under Canadian law for five years.
But the couple have been part of a decade-long fight to marry in front of family and friends at home.
“I’m delighted to say I’m going to be getting married,” he said.
“All today [Tuesday] I’ve been in a state of terror at the idea that my relationship and the relationships of thousands of Australians are potentially going to be decided in this process.”
Mr Hinton said couples that married in the five-day window would be fearful their marriages could be invalidated, but that was a risk they understood.
The landmark case before the full High Court bench is expected to decide whether or not the ACT has enacted a law that is in conflict with the federal marriage act and the federal family law act.
The case is the first real test of whether or not states and territories can legislate for same-sex marriage.
Attorney-General George Brandis has repeatedly refused to comment in the lead-up to the hearing, but has previously described the ACT’s law as a “threat” to the “well-established position” that marriage laws should be nationally uniform.
The Abbott government acted swiftly to strike down the ACT law and mounted its challenge immediately after the Legislative Assembly passed the same-sex marriage bill in October.
The ACT government faced criticism of its bill, which advocates and constitutional law experts claimed had been drafted too quickly and did not go far enough to create a separate status of same-sex marriage to limit the chance it would be overturned by the High Court.
But the ACT government has backed its bill as being constitutionally sound and capable of concurrent operation with federal marriage laws.
Mr Corbell said the government was apprehensive about the hearing but was confident it had “strong arguments to put to the court”.
Photo: Katherine Griffiths
Author: Lisa Cox and Michael Inman
Publication: The Sydney Morning Herald
Date: 3 December 2013
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