Same-sex marriage in the Australian Capital Territory

Same-sex marriage has been legal in the Australian Capital Territory (ACT), and in the rest of Australia, since 9 December 2017 following passage in the Parliament of the Marriage Amendment (Definition and Religious Freedoms) Act 2017. The ACT is unique in being the only state or territory in Australia to have independently passed a same-sex marriage law. In October 2013, the Legislative Assembly approved the Marriage Equality (Same Sex) Act 2013. The Abbott government immediately challenged the law in the High Court of Australia. The court struck down the legislation on 12 December 2013, determining that marriage is an exclusive power of the Commonwealth and no state or territory law creating any other type of marriage could operate concurrently with the Marriage Act 1961. The 31 same-sex marriages that had been performed under the ACT legislation were consequently voided.

The ACT was the first jurisdiction in Australia to legally recognise same-sex couples, following passage of the Domestic Relationships Act 1994. It was the second to allow joint adoption petitions by same-sex couples in 2004, following Western Australia. It was also the first jurisdiction to allow civil unions after its Civil Unions Act passed the Legislative Assembly in 2012.

[kon-1] 1 2 Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.

[2] Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.

[3] Neither performed nor recognized in six British Overseas Territories.

[usa-4] 1 2 Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.

[israel-5] Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.

[eu-6] 1 2 3 4 The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.

[7] A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.

[8] Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.

[9] Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.

[10] Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.

[11] Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.

[12] Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.

[13] Romania provides hospital visitation rights through a "legal representative" status.