ACT same sex marriage conflict (2013) Flashcards
1
Q
When was the ACT same sex marriage (SSM) act passed?
A
October 2013
2
Q
What constitution chapters were referenced in this case?
A
ss109- Where federal and state law conflict, federal shall prevail
ss51 (xxi)- Marriage laws are a concurrent power
3
Q
What did the federal marriage act state?
A
That marriage was between a man and a woman
4
Q
What was the reason for this case?
A
The marriage act and the SSM act were too similar
5
Q
What was the outcome?
A
The ACT SSM act became invalid because it was too similar to the marriage act, and therefore conflicted, and federal law prevailed.
6
Q
Was SSM eventually legalised?
A
Yes, in 2017, a postal survey revealed a majority of people in favour of SSM, and it was leagalised
