Recently, the High Court of Australia struck down a newly drafted law by the Australian Capitol Territory (ACT) that legalized same-sex marriage. The court found the ACT same-sex marriage law conflicted with federal law, which supersedes state and territory law.
But the court did not say that the definition of marriage could not be changed by federal law. In fact, the court surprised both advocates and opponents of same-sex marriage by saying unequivocally that it can. Same-sex marriage advocates in other places are now crafting laws differently than the ACT legislation, attempting to create a separate category of marriage for same-sex couples, for instance. The court essentially made the definition of marriage an issue of politics, not one of original intent. The court had to rule against the ACT because of the higher federal law with which it conflicted. However, it opened the door wide for activists to pressure parliament to change the definition.
As is often the case in the United States, the High Court of Australia is ignoring the original intent of the framers of the constitution and guiding the nation toward same-sex marriage. While there are arguments over the power of parliament to change the federal law to allow same-sex marriage, the trajectory of history and prophecy will eventually lead Australia to take the plunge into same-sex marriage territory sooner rather than later.
Same-sex marriage advocates see the ruling as a significant victory for so-called “marriage equality.” They may have lost the battle over the ACT law, but they will win the war because the legal barriers have been removed. It is now a matter of political will.
Already, the parliament in Western Australia has introduced legislation to permit same-sex marriage which is crafted somewhat differently. Advocates are hoping that it will stand the test in court. Other attempts will follow. It is also likely that the federal parliament will come under considerable pressure to change the federal definition of marriage, though the present parliament isn’t likely to do so. The day will come when a new parliament will not be as opposed to same-sex marriage.
As it was in the days of Lot… Luke 17:28