News: Same sex marriage and the Constitution

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.

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About Brad Jessup

Brad Jessup joined Melbourne Law School in 2012 from the ANU, where he had been teaching and researching since 2007. From 2001 to 2006 Brad worked in commercial legal practice. Brad’s principal research area is environmental and planning law, particularly the exploration of environmental legal conflict and the regulation of places, landscapes and protected areas.

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