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The High Court unanimously ruled that the ACT's law could not operate concurrently with the federal Marriage Act, which was amended in 2004 to define marriage as between a man and a woman.
"The Marriage Act does not now provide for the formation or recognition of marriage between same sex couples. The Marriage Act provides that a marriage can be solemnised in Australia only between a man and a woman," the court said in a statement issued alongside its ruling. "That Act is a comprehensive and exhaustive statement of the law of marriage."
Rodney Croome, national director of the advocacy group Australian Marriage Equality, said his group knows of about 30 same-sex couples who have married since Saturday, though the actual number may be slightly higher. The court decision essentially nullifies their marriages, as it means the ACT law under which they were wed was invalid.
Alan Wright, who married his partner Joel Player just minutes after midnight on Saturday, said the court's decision had inspired him to fight even harder for equality and focus his efforts on getting the federal government to change the law.
"I am now immensely proud to be part of a very unique, committed and courageous group of people, who — despite probably deep down knowing that it was going to be overturned ... still stood up and said 'no, we're going to do this'," Wright said. "In 10 years' time, I will look back at this as being a very proud moment."
In its decision, the court wrote that the federal government is responsible for deciding whether same-sex marriage should be legalized. The ruling means that no Australian state or territory can make that decision, said Sydney University constitutional lawyer Anne Twomey.
Lyle Shelton, managing director of Australian Christian Lobby, which opposes same-sex marriage, praised the court ruling and said common sense had prevailed.
As for the ruling's impact on the newly-wedded couples, Shelton said it was "really sad that they were put in a position" in which they were allowed to marry before the court handed down its judgment.
Prime Minister Tony Abbott opposes gay marriage and his coalition blocked two federal bills last year that would have allowed legal recognition of same-sex partnerships.
The ruling comes a day after India's Supreme Court struck down a 2009 lower court decision to decriminalize homosexuality.
Gay marriage has legal recognition in 18 countries as well as 16 U.S. states plus the District of Columbia.
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- See more at: http://www.philstar.com/world/2013/12/12/1267267/australian-court-rejects-law-allowing-gay-marriage#sthash.DVWNXHCw.dpuf
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