Australia High Court Rejects Same-Sex Marriage

Dec. 11, 2013 11:12 p.m. ETCANBERRA—Australia’s highest court rejected same-sex marriage laws introduced in the nation’s capital, handing a victory to social conservatives including Prime Minister Tony Abbott while dealing a harsh blow to equal-rights advocates.

Rodger Munson, center, watched Chris Teoh, left, put a wedding ring on Ivan Hinton’s finger as they exchanged vows in Canberra, Australia on Dec. 7. Associated Press

The court ruled the provincial same-sex legislation, which came into effect last weekend in Canberra and kick-started a rainbow weekend of unions, was inconsistent with national marriage laws. The unanimous decision prompted shouts of “hallelujah” from a small number of religious conservatives who gathered outside the court.
“The Marriage Act provides that a marriage can be solemnized in Australia only between a man and a woman and that a union solemnized in a foreign country between a same-sex couple must not be recognized as a marriage in Australia,” the court said.
Mr. Abbott’s center-right Liberal-National government had challenged recent legislation introduced by the Australian Capital Territory allowing same-sex marriages. Several previous attempts to liberalize marriage laws in Australia—also led by Canberra’s provincial government—had failed. As a result, Thursday’s court decision was widely expected.
Unlike the U.S., Australia’s constitution gives the national government the power to make marriage laws, and the parliament has defined marriage in legislation as the “union of a man and a woman to the exclusion of all others.” But equal-rights advocates had hoped the court would take a position that national law should evolve to hand more power to the country’s six states and two territories.
The decision meant almost 30 gay and lesbian weddings carried out over the weekend were invalid, which may force several states still considering similar legislation to rethink challenging national laws. Those laws have opened divisions inside Mr. Abbott’s government between progressive lawmakers and those opposed to same-sex unions.
Mr. Abbott, a social conservative and former trainee priest, had warned gay and lesbian couples not to marry before the court handed down its decision, drawing on the precedent set by the country’s last conservative leader, John Howard, who defeated earlier attempts by Canberra to allow civil unions with legislation passed in 2004.
Ivan Hinton, who exchanged vows on Saturday with his partner of 11 years, Chris Teoh, said the decision was devastating, not only for himself, but for the nation. Greens party lawmakers, holding the balance of power in the country’s upper house, said they would now push legislation to overturn the laws in the parliament.
“In less that week we have been married and we have been unmarried,” a tearful Mr. Hinton said outside the court. “I have made commitments to Chris to spend the rest of my life with him through sickness and through health, and in good times and in bad. Today is not particularly good.”
Mr. Hinton had led the push for the laws, emboldened by moves across the Pacific and decisions by the U.S. Supreme Court in June to clear the way for same-sex marriage in California, while striking down attempts by the U.S. Congress to limit marriage to the union of a man and a woman.
Australia has resisted following the lead of Canada and Spain, and even neighboring New Zealand, which in April voted in favor of same-sex marriage, building on a 2005 decision to allow civil unions. Australia’s High Court began hearing the government’s challenge to same-sex marriage two weeks ago—around the same time that Hawaii became the 15th U.S. state to legalize same-sex weddings.
For Australian progressives, the challenge to same-sex marriage underscores worries about the depth of Mr. Abbott’s own conservatism, highlighted in an attack on him last year by the country’s first female leader, Julia Gillard. She called him the “definition of misogyny in modern Australia” to open a debate about his social views ahead of September elections that were won by the conservatives. Mr. Abbott has denied the accusations.
Greens lawmakers said the court had ruled decisively that only the federal Parliament had power under Australia’s constitution to legislate with respect to same-sex marriage. As a result, the Greens said time had come for action by lawmakers, appealing for government members to join forces with them to change decades-old laws to bring about marriage equality.
“We’re not giving up on you. Don’t give up on us,” said Greens Senator Sarah Hanson-Young. “We will get this done. This is about love.”

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