Australian High Court unanimously overturns gay ‘marriage’ law

[eduardo89]

Australian High Court unanimously overturns gay ‘marriage’ law

CANBERRA, December 12, 2013 (LifeSiteNews.com) - In a unanimous ruling today the Australian High (Supreme) Court stuck down the same-sex "marriage" law passed less than a month ago by the parliament of the Australian Capital Territory (ACT).

The Australian Capital Territory is a statutory territory created to house the federal seat of government, and is mainly associated with the national capital, Canberra. It has internal self-government, but lacks the full legislative independence enjoyed by the Australian states.

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[JK/SEA]

ruled un-constitutional....lol...

fuckin idiots.

well, Australia has something in common with the Taliban.

[eduardo89]

ruled un-constitutional....lol...

fuckin idiots.

You obviously did not read the story...the reason is it unconstitutional is because a territory does not have the constitutional authority to make laws on marriage, that power is reserved to the national government.

[JK/SEA]

courts are fucked up on this one.

You can't rule against something that is a natural human condition, and its been that way since the appearence of humans on Earth.

fucked up is still fucked up.

And yes, i did read the story.

[eduardo89]

courts are fucked up on this one.

You can't rule against something that is a natural human condition, and its been that way since the appearence of humans on Earth.

fucked up is still fucked up.

And yes, i did read the story.

Where did they rule against homosexuality?

They ruled that a territory does not have the power to contradict laws passed by the federal government in areas which the federal government has exclusive constitutional domain. As a territory, all the powers its legislature has are expressly granted to it by the federal government which created the territory. This is basic constitutional law...

[NIU Students for Liberty]

You obviously did not read the story...the reason is it unconstitutional is because a territory does not have the constitutional authority to make laws on marriage, that power is reserved to the national government.

So now we're cutting and pasting which areas we want the federal government to interfere in peoples' lives?

http://gifrific.com/wp-content/uploads/2012/09/Jennifer-Lawrence-ok-thumbs-up.gif

[eduardo89]

So now we're cutting and pasting which areas we want the federal government to interfere in peoples' lives?

This story is from Australia...

And I thought that people on this forum were fans of constitutionalism and the rule of law... I guess not.

The court never said homosexual 'marriage' is unconstitutional in Australia, it said that the ACT has no constitutional authority to make any marriage law whatsoever.

[NIU Students for Liberty]

This story is from Australia...

And I thought that people on this forum were fans of constitutionalism and the rule of law... I guess not.

The court never said homosexual 'marriage' is unconstitutional in Australia, it said that the ACT has no constitutional authority to make any marriage law whatsoever.

Unless I'm reading the story wrong, I thought that the ACT law allowed territories to decide for themselves whereas the High Court stepped in and maintained that heterosexual marriage was the only form to be recognized in Australia.

[JK/SEA]

there is no 'rule of law' when it pertains to social issues like this.

[eduardo89]

Unless I'm reading the story wrong, I thought that the ACT law allowed territories to decide for themselves whereas the High Court stepped in and maintained that heterosexual marriage was the only form to be recognized in Australia.

Yes, you're reading it wrong. ACT = Australian Capital Territory, basically their version of the District of Columbia. The ACT was created in 1911 and given limited self government in 1988. Its legislature only has the specific powers devolved to it from the federal government which created it, analogous to a county only having the powers devolved to it by a state in the US.

The ACT passed a law granting government recognition to homosexual 'marriages' performed within the ACT. The ACT legislature does not have the power to pass any law regarding marriage, as this power is reserved to the federal government of Australia per the Marriage Act of 1961.

The court stepped in and invalidated the ACT law based on the fact that it does not have the power to legislate on issues related to marriage or family law. The court also specifically said that recognition of homosexual 'marriage' is not unconstitutional, but that the Australian Constitution and federal law mandate that it be done by the national parliament.