Blog

The Commonwealth v The Australian Capital Territory: Marriage Equality in the High Court

Ryan Goss - 13th December 2013

On Thursday the High Court of Australia effectively struck down the nation’s first same-sex marriage laws. But there was a silver lining for marriage equality activists: in striking down marriage laws passed by a territorial parliament, the High Court firmly indicated that it was within the constitutional power of the Australian national parliament to legislate […]

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X v Latvia: Creative Harmony, Fortunate Result

Brett Crumley - 6th December 2013

In X v Latvia the ECtHR held that a domestic Latvian order requiring the applicant to return her daughter to Australia (‘the order’) violated her right to family life under Article 8 of the European Convention on Human Rights (§ 52). The applicant had moved from Australia to Latvia , taking with her her daughter, without […]

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Wedding Crashers in Canberra?

Ryan Goss - 24th October 2013

The Australian Capital Territory made Australian history this week as the first Australian jurisdiction to provide for same-sex marriage. The ACT, Australia’s equivalent of the US District of Columbia, first announced plans to legislate on marriage equality in September, and the first marriages under the laws could take place later this year. But there is […]

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Transsexual Persons Can Get Married in Hong Kong in a Year’s Time

Brian Chan - 3rd August 2013

On 16th July, the Hong Kong Court of Final Appeal in W v. The Registrar of Marriages made a declaration that the words “woman” and “female” in the Matrimonial Ordinance must be read and given effect so as to include a post-operative male-to-female transsexual person whose gender has been certified by an appropriate medical authority […]

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Justice Edwin Cameron on the United Nations Free and Equal Campaign

Justice Edwin Cameron - 29th July 2013

On Friday 26th July, in Cape Town, the United Nations launched a new international campaign to counter homophobia, dubbed the Free and Equal Campaign. I was privileged to share the platform with UN High Commissioner for Human Rights, Judge Navi Pillay, and Archbishop Emeritus Desmond Tutu. It was a happy event, with strong presentations and […]

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Is it Time for the US Supreme Court to Come Out of the Closet?

Karl Laird - 24th July 2013

In a follow-up post to his previous analysis of Windsor v. United States, Karl Laird examines which constitutional provisions were invoked in the US Supreme Court decision. Now that a few weeks have passed since the US Supreme Court delivered judgment in Windsor v United States, it seems appropriate to attempt to ascertain what exactly […]

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The Questions Raised by Striking Down DOMA

Karl Laird - 27th June 2013

In light of the release of Windsor v the United States, Karl Laird analyzes the US Supreme Court’s reasoning, noting the Court still avoids the hard questions.   It took Justice Anthony Kennedy just 26 pages to give Edie Windsor what she had fought for since the death of her beloved wife Thea; the federal recognition […]

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Equality v Human Rights?: Same sex marriage and religious liberty

Aidan O'Neill - 18th June 2013

This is an edited transcript of an address given by Aidan O’Neill QC on Thursday 13 June 2013, at Matrix Chambers on ‘Same Sex Marriage and Religious Liberty’ Some 50 years ago, in the wake of the publication in 1957 of the Wolfenden report which advocated a decriminalization of same sex sexual acts, a public […]

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Same Sex Marriage: Scaremongering and Sacrilege

- 17th June 2013

This is an edited transcript of an address given by Karon Monaghan QC on Thursday 13 June 2013, at Matrix Chambers on ‘Same Sex Marriage and Religious Liberty’ At stake in debates about same-sex marriage is not the right of persons holding firm religious beliefs to hold them or manifest them. What the deniers want, […]

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