Same sex marriage has appeared again in the news recently. However, this time with a decidedly constitutional bent. The NSW Standing Committee on Social Issues tabled its report on a possible same-sex marriage law in New South Wales on 26 July 2013. The report is a fascinating read, with contrasting constitutional opinions offered by some of Australia’s pre-eminent public law scholars. The report foreshadows the real possibility of the High Court being called on to adjudicate the constitutional dimensions of marriage in the near future. This prospect will be particularly interesting in light of this news report from the Canberra Times, which reveals that the ACT Government intends to rely on advice it received from Justice Gageler before he joined the High Court to enact marriage equality laws for the Territory.
Thanks to Professor George Williams for directing us to the advice received by the ACT Government. It is here: http://www.justice.act.gov.au/news/view/1500