Wilkie & Ors v The Commonwealth of Australia & Ors; Australian Marriage Equality Ltd & Anor v Minister for Finance Mathias Cormann & Anor

The High Court of Australia heard two cases, *Wilkie & Ors v The Commonwealth of Australia & Ors* and *Australian Marriage Equality Ltd & Anor v Minister for Finance Mathias Cormann & Anor*, which were heard together. The dispute concerned the constitutional validity of the *Marriage Act 1961* (Cth) and, in particular, the definition of marriage within that Act as being between a man and a woman. The applicants sought declarations that the definition was invalid and that same-sex marriage was lawful.

The central legal issue before the High Court was whether the Parliament of the Commonwealth had the constitutional power to legislate with respect to marriage, and if so, whether the impugned provisions of the *Marriage Act* were a valid exercise of that power. This involved an examination of section 51(xxi) of the *Constitution*, which grants the Parliament power to make laws with respect to "marriage". The Court was required to determine the scope of this legislative power and whether it extended to defining marriage in a way that excluded same-sex couples.

The High Court unanimously held that the Parliament had the constitutional power to legislate with respect to marriage, and that the *Marriage Act 1961* (Cth), including its definition of marriage, was a valid exercise of that power. The Court reasoned that the power conferred by section 51(xxi) of the *Constitution* was not limited by the common law definition of marriage at the time of Federation and that the Parliament had the capacity to alter that definition. The Court found that the *Marriage Act* was a law with respect to marriage and that there was no constitutional impediment to its provisions.

The applications for declarations were dismissed.