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Gay marriage legalized in Canberra, but maybe illegal in Australia
(Blogmensgo, gay blog 25 October 2013) Gay marriage will be legal by December 2013 in the Territory of the Australian federal capital (ACT), which Parliament passed a law to that effect Oct. 22, 2013. However, the text may be appealed at the federal level, so therefore cancelled.
Elected ACT sitting in the Legislative Assembly (Parliament) voted the "law of 2013 on equality of gay marriage" with a score of nine votes in favor and eight against. Voted in favor of the text, the First Minister Katy Gallagher (including the Deputy Prime Minister Andrew Barr is gay) and Labour majority, and an environmentalist elected.
The new law applies only to the gay or lesbian marriage, heterosexual marriage is still subject to the federal law on marriage. It is further stipulated that residents of other Australian states will marry in Canberra, such a union, legal in the ACT, will probably be considered illegal in the rest of the country (see below).
In the best case, the law on gay marriage could enter into force one month and a half after the vote (including a statutory period of thirty days prior to the ceremony for the publication of banns), before the mid-December 2013.
Opponents and the federal government announced that they would file an appeal with the High Court jurisdiction to federal jurisdiction and not only in the area of the Federal Capital Territory.According to them, the law on gay marriage is not within the jurisdiction of Canberra but the federal law, which considers marriage as the union of a man and a woman. Katy Gallagher replied that it was ready to go to court to "challenge outdated legal concepts" that defend the opponents of gay marriage.
Eight religious persuasions sitting in Canberra have also indicated their opposition to gay marriage just before the final parliamentary vote.
The hostility of the federal government is represented by its Prime Minister, Tony Abbott. In 2010, while in opposition, Abbott had said:That I do think a marriage, by definition, is betweens a man and a woman("I really think that marriage, by definition, between a man and a woman. ")
Christine Forster, the younger sister of Abbott, has now made his coming out. His brother, before becoming prime minister, he publicly testified his support. But the current Prime Minister of Australia refused to rally to the cause of gay marriage in order to "meet [its] commitments" policies.
The six states and two territories in Australia have almost all already legalized same-sex civil unions. The Federal Capital Territory did the same in 2012. However, Parliament has refused to legalize gay marriage in September 2012, by 98 votes against 42. And no other Australian state had previously legalized marriage between persons of the same sex.
New Zealand neighbor is much more advanced in this area. In April 2013, New Zealand has legalized gay marriage , which came into force four months later (see our article of 19 August 2013 on the first gay marriages in New Zealand ).
This article has been translated from our French blog, to view the original, click here.