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The Supreme Court of Australia has banned gay marriage
(Blogmensgo, gay blog of December 16, 2013) At the request of the federal government, the High Court of Australia was canceled on 12 December 2013, the law on gay marriage in the Federal Capital Territory (ACT) . A marriage is legal in Australia if unites a heterosexual couple.
The federal government had argued that a different definition of marriage according to each state could lead to confusion. The Federal Law of 2004 on marriage stipulates that marriage should unite a man and a woman. Each state or territory of Australia remains free to impose a homosexual PACS (already in force in most of the country), but no question of legalizing gay and lesbian marriage.
Cancellation of thirty gay marriages
The judges of the highest federal authority decided, unanimously , the repeal of the law on gay marriage in the Territory of the Australian federal capital . This law, passed on October 22, entered into force Dec. 7, 2013. Some thirty lesbian and gay marriages since then are canceled ipso facto and same-sex marriage certificates declared worthless despite their deliverance by an official administration.
"The law [Federal] Marriage does not provide training or recognition of marriage between same-sex couples. The Marriage Act states that marriage shall be solemnized in Australia between a man and a woman, "said the country's highest court said in a statement.
The ball is in the camp of the legislature
The judgment of the High Court nevertheless a door ajar, suggesting that Parliament is likely to legalize gay marriage, but that is his alone to make.
Comment. Australian justice adopts a similar decision yesterday by the Indian Federal Supreme Court position (see our article before yesterday on homosexuality illegal in India ).The difference is that India prohibits any homosexual act while Australia banned gay marriage.But marriage is not it the most beautiful acts (love)?
History repeats itself again, because Australia had already rejected same-sex unions in 2006.Again, the federal government had struck down a law passed by the Australian Capital Territory . It was then the PACS legalized almost everywhere in Australia since. That leaves some hope for a future legalization of gay marriage in Australia by the federal government.
This article has been translated from our French blog, to view the original, click here.