Australian Court rejects law allowing gay marriage

Australia's highest court struck down a landmark law on that had begun allowing the country's first gay marriages, shattering the dreams of more than two dozen same-sex newlyweds whose marriages will now be annulled less than a week after their weddings. The federal government had challenged the validity of the Australian Capital Territory's law that had allowed gay marriages in the nation's capital and its surrounding area.

For Ivan Hinton, who married his partner Chris Teoh, the result was heartbreaking. The couple just received their marriage certificate and immediately applied to change their surnames to Hinton-Teoh. Still, Hinton said he doesn't regret going through with the wedding, and will always consider Teoh his husband. They said that, this was an unprecedented and historic opportunity.

The federal government's lawyer had argued that having different marriage laws in various Australian states and territories would create confusion. The ACT, which passed the law in October, said it should stand because it governs couples outside the federal definition of marriage as being between members of the opposite sex.

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 Court said that, 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. 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.

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 US states plus the District of Columbia.